196 Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 

1See generally, Jeffrey S. Lubbers, A Guide to 

Federal Agency Rulemaking 404–411 (6th ed. 2018) 

(summarizing ‘‘lookback’’ efforts designed to update 

or remove outdated or ineffective regulations); 

Adoption of Recommendations, 79 FR 75114, 

75114–17 (Dec. 17, 2014) (Administrative 

Conference of the United States framework for 

agencies’ retrospective reviews of their regulations); 

Special Committee to Review the Government in 

the Sunshine Act, 60 FR 43108, 43109–10 (Aug. 18, 

1995) (recognizing agencies’ ‘‘need to review 

regulations already adopted to ensure that they 

remain current, effective and appropriate’’). 

2Technological Modernization, 78 FR 25635 

(May 2, 2013). 

3Technological Modernization, 81 FR 76416 

(Nov. 2, 2016). 

4The Internal Revenue Service also commented 

that it sees no conflict between this rulemaking and 

the Internal Revenue Code or Treasury regulations. 

See 52 U.S.C. 30111(f). 

5Technological Modernization, 87 FR 54915 

(Sept. 8, 2022) (‘‘Request for Additional 

Comment’’). 

6Technological Modernization, 87 FR 75518 

(Dec. 9, 2022) (‘‘SNPRM’’). 

7Fed. Reserve Sys., Developments in Noncash 

Payments for 2019 and 2020: Findings from the 

Federal Reserve Payments Study at 2, 11–14, (Dec. 

2021), https://www.federalreserve.gov/publications/ 

files/developments-in-noncash-payments-for-2019- 

and-2020-20211222.pdf (‘‘Developments in 

Noncash Payments’’); see also Fed. Reserve Sys., 

The Federal Reserve Payments Study: 2022 

Triennial Initial Data Release (Apr. 21, 2023), 

https://www.federalreserve.gov/paymentsystems/frpayments-study.htm; Fed. Reserve Sys., The 

Federal Reserve Payments Study 2016 at 2 (2016), 

https://www.federalreserve.gov/paymentsystems/ 

files/2016-payments-study-20161222.pdf (‘‘2016 

Study’’). 

8U.S. Gen. Accounting Office, GAO–20–385 

USPS: Congressional Action Is Essential to Enable 

a Sustainable Business Model 8–9 (2020). 

9See U.S. Postal Service, Informed Visibility 

Feature for Political Campaigns, https://

www.deliverthewin.com/content-library/informedvisibility-for-informed-political-campaigns/ (last 

visited Nov. 9, 2023). 

10 44 U.S.C. 3302(3). 

11OMB, Memorandum for the Heads of Executive 

Departments and Agencies (Dec. 23, 2022), https:// 

www.whitehouse.gov/wp-content/uploads/2022/12/ 

M_23_07-M-Memo-Electronic-Records_final.pdf. 

FEDERAL ELECTION COMMISSION 

11 CFR Parts 1, 4, 5, 6, 100, 102, 103, 

104, 105, 106, 108, 109, 110, 111, 112, 

114, 116, 200, 201, 300, 9003, 9004, 

9007, 9032, 9033, 9034, 9035, 9036, 

9038, and 9039 

[Notice 2023–20] 

Technological Modernization 

AGENCY: Federal Election Commission. 

ACTION: Final rule. 

SUMMARY: These final rules modernize 

Federal Election Commission 

regulations in light of technological 

advances in communications, 

recordkeeping, and financial 

transactions, such as the making of 

contributions and expenditures through 

internet-based payment processors or 

text messaging. These final rules also 

eliminate and update references to 

outdated technologies and address 

similar technological issues. 

DATES: Effective March 1, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Rothstein, Assistant General 

Counsel, or Ms. Joanna S. Waldstreicher 

or Mr. Tony Buckley, Attorneys, 1050 

First Street NE, Washington, DC 20463, 

(202) 694–1650 or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: The 

Federal Election Commission is revising 

its regulations at 11 CFR chapter I to 

address electronic communications and 

transactions, such as contributions 

made using credit cards, by text 

messages, or through internet-based 

payment processors. The Commission is 

also making regulatory revisions to 

facilitate electronic accounting, 

recordkeeping, reporting, and 

redesignation by political committees. 

Additionally, as a retrospective 

assessment of Commission regulations,1

the revisions eliminate or update 

references to outmoded technologies. 

Transmitting Final Rules to Congress 

Before promulgating rules or 

regulations to carry out the provisions of 

the Federal Election Campaign Act, the 

Commission transmits the rules or 

regulations to the Speaker of the House 

of Representatives and the President of 

the Senate for a thirty-legislative-day 

review period. 52 U.S.C. 30111(d). 

These final rules were transmitted to 

Congress on December 14, 2023. 

Explanation and Justification 

A. Rulemaking History 

On May 2, 2013, the Commission 

published in the Federal Register an 

Advance Notice of Proposed 

Rulemaking (‘‘ANPRM’’) soliciting 

comment on whether and how it should 

revise its regulations to reflect 

technological advances.2 The 

Commission then published a Notice of 

Proposed Rulemaking (‘‘NPRM’’) in the 

Federal Register on November 2, 2016.3

The NPRM comment period ended on 

December 2, 2016. The Commission 

received three substantive comments in 

response to the ANPRM and three 

substantive comments in response to the 

NPRM; these are discussed in relevant 

part below.4 The Commission published 

a Request for Additional Comment in 

the Federal Register on Sept. 8, 2022, 

seeking updated information on specific 

technological questions, and received 

four comments.5 The Commission also 

published a Supplemental Notice of 

Proposed Rulemaking in the Federal 

Register on December 9, 2022, and 

received six substantive comments in 

response.6

B. The Growing Use of Electronic 

Transactions, Records, and 

Communications 

Electronic financial transactions are 

increasingly commonplace. According 

to a recent triennial study conducted by 

the Federal Reserve System, data 

collected in recent years ‘‘largely show 

a continuation of past payment trends, 

with card and ACH both gaining share 

at the expense of checks,’’ and increases 

in the use of newer ways to make 

payments, such as digital wallets and 

P2P payments.7

Coinciding with the increased use of 

electronic payments is the regular use of 

electronic records, including 

transactional records, and electronic 

communications. A 2020 U.S. 

Government Accountability Office 

report on the U.S. Postal Service found 

that ‘‘[a]s online communication and 

payments have expanded, USPS 

continues to face decreases in mail 

volume, its primary revenue source. 

First-Class Mail volume has declined 44 

percent since fiscal year 2006,’’ and 

‘‘USPS Marketing Mail—which 

comprises most other mail volume— 

declined 27 percent from fiscal year 

2007 to fiscal year 2019, in part due to 

electronic advertising alternatives.’’ 8

Indeed, in a section of the USPS website 

devoted to political mailing, one page 

addresses ‘‘aligning your digital 

communications with direct mail 

delivery is a powerful way to integrate 

your channels to help voters feel more 

connected to your campaign.’’ 9

At the same time, the federal 

government also has been transitioning 

to electronic records management and 

communication. In 2014, the Federal 

Records Act was amended to require the 

National Archive and Records 

Administration to establish ‘‘standards 

for the reproduction of records by 

photographic, microphotographic, or 

digital processes with a view to the 

disposal of the original records.’’ 10 In 

2022, the Office of Management and 

Budget issued a memorandum stating 

that ‘‘[t]ransitioning Federal agencies to 

an electronic—or ‘paperless’— 

environment is a priority to enable and 

increase the ability of the public to 

engage with Government in new and 

more efficient and effective ways. It is 

critical that Federal agencies move 

beyond paper-based processes and 

embrace the opportunities afforded to 

improve Government by transitioning 

fully to an electronic environment.’’ 11

The Commission has recognized this 

trend towards electronic records 

management and communication by 


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Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 197 

12See, e.g., FEC, Freedom of Information Act, 

https://www.fec.gov/freedom-information-act/ (last 

visited Nov. 9, 2023); FEC, Procedures Regarding 

Draft Advisory Opinions, www.fec.gov/law/ 

draftaos.shtml (last visited Nov. 9, 2023); FEC, 

Submit Comments on Ongoing Rulemakings, 

sers.fec.gov/fosers (last visited Nov. 9, 2023). 

13See 11 CFR 104.18(a). 

14See FEC, Electronic Filing Overview, https://

www.fec.gov/help-candidates-and-committees/ 

filing-reports/electronic-filing/ (last visited Nov. 9, 

2023). 

15See 11 CFR 9001.1, 9031.1 (applying 

definitions in part 100 to public finance regulations 

unless expressly stated otherwise). Unless expressly 

incorporated, the new part 100 definitions will not 

apply to the administrative regulations in parts 1– 

8 (such as those implementing the Privacy Act or 

FOIA), which generally have their own definition 

sections because they implement different statutes 

than the regulations in the remainder of 11 CFR 

chapter 1. 

16See 52 U.S.C. 30102(c), (d), (h)(2), (i); see also 

52 U.S.C. 30104(i)(8)(A)(ii) (including in definition 

of ‘‘bundled contribution’’ contributions received 

and credited through ‘‘records,’’ among other 

methods). 

17See 26 U.S.C. 9003(a)(2), 9012(d)(1)(B), 

9033(a)(2), 9042(c)(1)(B); see also 26 U.S.C. 9009(b), 

9039(b). 

18See, e.g., 11 CFR 102.9(b)(2) (requiring records 

such as canceled checks, receipts, and carbon 

copies for disbursements over $200), 102.9(d) 

(addressing best efforts to obtain ‘‘receipts, invoices, 

and cancelled checks’’). But see 11 CFR 102.9(a)(4) 

(requiring photocopy of each check or written 

instrument or digital image of each check or written 

instrument), 104.22(a)(6)(ii)(A) (defining ‘‘record’’ 

for lobbyist bundling purposes to include electronic 

records). 

19See, e.g., Advisory Opinion 1995–09 

(NewtWatch PAC) (approving proposal to maintain 

records supporting electronic fund transfers); 

Advisory Opinion 1993–04 (Christopher Cox 

Congressional Committee); Advisory Opinion 1994– 

40 (Alliance for American Leadership); see also 

FEC, Campaign Guide: Congressional Candidates 

and Committees 87 (2021), www.fec.gov/pdf/ 

candgui.pdf (describing recordkeeping for credit 

card disbursements). 

20See Record, Black’s Law Dictionary (10th ed. 

2014) (‘‘record’’ is ‘‘[i]nformation that is inscribed 

on a tangible medium or that, having been stored 

in an electronic or other medium, is retrievable in 

perceivable form’’ (citing UCC 1–201(b)(31)). 21See Fed. R. Evid. 101(b)(4) (‘‘record’’ includes 

‘‘a memorandum, report, or data compilation’’), 

1001(b) (‘‘‘recording’ consists of letters, words, 

numbers, or their equivalent recorded in any 

manner’’), 1001(d) (‘‘original’’ recording is 

‘‘recording itself or any counterpart intended to 

have the same effect by the person who executed 

or issued it. For electronically stored information, 

‘original’ means any printout—or other output 

readable by sight—if it accurately reflects the 

information.’’). 

22See Fed. R. Civ. P. 34(a)(1)(A) (party may serve 

discovery of ‘‘any designated documents or 

electronically stored information—including 

writings, drawings, graphics, charts, photographs, 

sound recordings, images, and other data or data 

compilation—stored in any medium from which 

information can be obtained directly or, if 

necessary, after translation by the responding party 

into a reasonably usable form’’). 

23See 15 U.S.C. 7006(9) (‘‘record’’ is ‘‘information 

that is inscribed on a tangible medium or that is 

stored in an electronic or other medium and is 

retrievable in perceivable form’’), 7006(4) 

(‘‘electronic record’’ is record ‘‘created, generated, 

sent, communicated, received, or stored by 

electronic means’’). 

24See Unif. Elec. Transactions Act 2(7) (Nat’l 

Conference of Comm’rs on Unif. State Laws 1999), 

https://www.uniformlaws.org/committees/ 

community-home/librarydocuments?

communitykey=2c04b76c-2b7d-4399-977ed5876ba7e034&LibraryFolderKey=&DefaultView= 

(‘‘electronic record’’ is ‘‘record created, generated, 

sent, communicated, received, or stored by 

electronic means’’), 2(13) (‘‘record’’ is ‘‘information 

that is inscribed on a tangible medium or that is 

stored in an electronic or other medium and is 

retrievable in perceivable form’’); see also id. at 2(5) 

(‘‘‘Electronic’ means relating to technology having 

electrical, digital, magnetic, wireless, optical, 

electromagnetic, or similar capabilities’’). The 

UETA is a model law developed by the National 

Conference of Commissioners on Uniform State 

Laws. It has been adopted in 49 states, the District 

of Columbia, Puerto Rico, and the U.S. Virgin 

Islands. 

establishing procedures for the public to 

electronically submit Freedom of 

Information Act (‘‘FOIA’’) requests, 

comments on rulemakings, and 

comments on draft advisory opinions.12

In addition, certain political committees 

are required to file their reports 

electronically with the Commission,13

while the Commission encourages 

committees that are not required to file 

electronically to do so regardless.14

During the COVID–19 pandemic, the 

Commission adopted further procedures 

utilizing electronic communications and 

records, including encouraging email 

submission of advisory opinion 

requests, financial disclosures for 

presidential and vice-presidential 

candidates, and inspector general 

complaints; electronic signatures and 

notarizations on enforcement 

complaints; and email transmittal of 

enforcement and litigation documents. 

The statutes that the Commission is 

charged with implementing—the 

Presidential Election Campaign Fund 

Act, 26 U.S.C. 9001–13, and the 

Presidential Primary Matching Payment 

Account Act, 26 U.S.C. 9031–42 

(collectively, the ‘‘Funding Acts’’), and 

the Federal Election Campaign Act, 52 

U.S.C. 30101–45 (‘‘FECA’’)—largely 

predate this technological evolution, as 

do many of the Commission’s 

regulations. For example, these statutes 

and regulations generally contemplate 

contributions and disbursements being 

made by cash, check, or ‘‘draft,’’ without 

addressing electronic transactions, 

records, or communications. Thus, to 

implement FECA and the Funding Acts 

in a manner that accounts for the 

increased use of and reliance on newer 

technologies, the Commission is 

updating its regulations, as described 

below. 

C. General Definitions 

Many of the Commission’s current 

regulations do not account for 

technological developments in how 

electronic documents are created, 

maintained, and submitted, particularly 

in the context of electronic transactions. 

The Commission is therefore revising its 

regulations to encompass electronic 

documents and transactions. 

Specifically, the Commission is adding 

new general definitions to 11 CFR part 

100—for the terms ‘‘record,’’ ‘‘written, 

writing, and a writing,’’ and ‘‘signature 

and signed’’—and revising the existing 

definition of ‘‘file, filed, and filing’’ at 

11 CFR 100.19. Each of these definitions 

will apply to all regulations 

implementing FECA and the Funding 

Acts in 11 CFR chapter 1, subchapters 

A–F (parts 100 through 300 and 9000 

through 9042).15 These new and revised 

definitions are designed to be broad 

enough to encompass both traditional 

(paper) and electronic documents and 

flexible enough to remain relevant as 

new forms of electronic documentation 

emerge in the future. 

1. New Definition of ‘‘Record’’—11 CFR 

100.34 

FECA requires each political 

committee to ‘‘keep an account of’’ its 

contributions and disbursements and to 

maintain and preserve certain records.16

The Funding Acts similarly require that 

certain records be kept, and furnished to 

the Commission on request.17 The 

Commission’s regulations implementing 

these requirements refer to ‘‘record(s)’’ 

almost 150 times, but few such 

references that include definitions or 

specific examples refer to electronic 

documentation.18 The Commission has 

therefore received numerous requests 

for guidance regarding how its 

recordkeeping provisions apply to 

electronic records.19

As proposed in the NPRM, the 

Commission now adds a general 

definition of ‘‘record’’ at 11 CFR 100.34 

that expressly includes both paper and 

electronic records. New 11 CFR 100.34 

has two components. 

First, § 100.34(a) defines ‘‘record’’ 

broadly, as ‘‘information that is 

inscribed on a tangible medium or that 

is stored in an electronic or other 

medium from which the information 

can be retrieved and reviewed in visual 

or aural form.’’ The definition draws on 

several sources that describe a variety of 

paper and electronic records. These 

sources include Black’s Law 

Dictionary,20 the Federal Rules of 

Evidence,21 Federal Rules of Civil 

Procedure,22 the Electronic Signatures 

in Global and National Commerce Act 

(also known as the E-Sign Act),23 and 

the Uniform Electronic Transactions Act 

(‘‘UETA’’).24 The new definition uses 

the term ‘‘information’’ (as do the 

Black’s Law Dictionary, E-Sign Act, and 

UETA definitions of ‘‘record’’) rather 


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25The revisions to 11 CFR 111.12(a) and 

111.15(c) render these provisions consistent with 

the equivalent provisions of the Federal Rules of 

Civil Procedure, which were amended in 2006 to 

explicitly include ‘‘electronically stored 

information’’ within the scope of material subject to 

document requests and subpoenas. See Fed. R. Civ. 

P. 34(a)(1)(A), 45(a)(1)(A)(iii). 

26The Commission is also replacing the term 

‘‘document’’ in certain regulations with ‘‘writing,’’ 

as discussed below. The Commission is not revising 

the terms ‘‘copy,’’ ‘‘documentation,’’ and 

‘‘document’’ when they are used as terms of art or 

as verbs or when they intentionally refer to paper. 

See, e.g., 11 CFR 100.134(e)(1)–(3) (‘‘organizational 

documents’’ of membership organizations), 

102.9(b)(2) (specifying how disbursements ‘‘shall be 

documented’’), 4.1(j) (including ‘‘paper copy’’ in 

definition of ‘‘duplication’’ under FOIA). 

27 11 CFR 110.1(l)(1), (l)(4)(ii); see also 11 CFR 

9036.1(b)(5), (6) (referring to records that include 

‘‘full-size photocopy’’ of contribution checks). 

28See, e.g., 52 U.S.C. 30101(8)(B)(vii)(II), 

30101(9)(A)(ii), 30102(e)(1), 30103(d)(1), 

30104(a)(6)(A), 30108(a), 30109(a)(1), 

30109(a)(12)(A), 30118(b)(4)(B); see also 52 U.S.C. 

30107(a)(1), 30124(a). 

29See, e.g., 26 U.S.C. 9002(1), 9003(a), 9032(1), 

9032(9), 9033(a), 9034(a); see also 26 U.S.C. 

9009(b), 9039(b). 

30See, e.g., 11 CFR 102.7(c), 109.33(a), 110.1(b), 

9003.3(a)(1)(i)(C), 9007.2(c). 

31See, e.g., Electronic Contributor 

Redesignations, 76 FR 16233 (Mar. 23, 2011) (noting 

internet-based redesignation method that 

than more specific examples of the 

forms in which information may be 

presented (such as memoranda, reports, 

and other examples used in the Federal 

Rules of Evidence and Federal Rules of 

Civil Procedure definitions of ‘‘record’’). 

By using this broader term, the 

Commission intends the definition to be 

flexible enough to encompass any new 

forms of memorializing information that 

may arise as new documentation 

technologies emerge. 

Similarly, the Commission intends 

the definition of ‘‘record’’ to be flexible 

with respect to the media in which 

information may be memorialized. 

Thus, the Commission is including in 

the definition information that is 

‘‘inscribed on a tangible medium’’ or 

‘‘stored in an electronic or other 

medium.’’ Similar language is used in 

the Black’s Law Dictionary, E-Sign Act, 

UETA, and Federal Rules of Civil 

Procedure definitions of ‘‘record.’’ By 

including information stored in 

electronic ‘‘or other’’ media, the 

Commission intends the definition of 

‘‘record’’ to be broad and flexible 

enough to address any new forms of 

media on which information may be 

stored as technology develops. 

The new definition requires any 

information stored on ‘‘electronic or 

other’’ (non-tangible) media to be 

retrievable and reviewable in visual or 

aural form. Most of the source 

definitions noted above similarly 

require information to be both 

retrievable and perceivable. The new 

definition requires information to be 

retrievable in ‘‘visual or aural’’ form so 

that the Commission can review the 

record and, when appropriate, make it 

available to the public. In essence, 

therefore, the definition will enable any 

person to comply with the 

Commission’s recordkeeping regulations 

through the use of tangible or intangible 

media, so long as the information stored 

in such records can be retrieved and 

reviewed. 

Second, new 11 CFR 100.34(b) 

requires any person who provides an 

electronic (or otherwise non-tangible) 

record to the Commission to provide the 

equipment and software needed to 

retrieve and review the information in 

the record, upon request by, and at no 

cost to, the Commission. The new 

regulation specifies that the 

Commission may request such 

equipment and software when the 

Commission is unable to review the 

record using the Commission’s existing 

equipment and software. A comparable 

requirement appears in 11 CFR 

102.9(a)(4)(ii) for political committees 

that maintain digital images of checks or 

written instruments for contributions 

exceeding $50 and in 11 CFR 

9036.2(b)(1)(vi) for publicly funded 

candidates submitting certain digital 

images. Because the Commission is 

adopting new § 100.34(b), it is removing 

the separate requirements in 11 CFR 

102.9(a)(4)(ii) and 9036.2(b)(1)(vi). 

In conjunction with the new 

definition, the Commission is making 

conforming amendments to a number of 

regulations. 

First, the Commission is making 

conforming changes by replacing 

references to ‘‘copy,’’ ‘‘journal,’’ 

‘‘document,’’ or ‘‘documentation’’ with 

references to ‘‘record’’ in the following 

provisions: 11 CFR 100.82(e)(1)(i), 

100.82(e)(2)(ii), 100.93(j)(1) through (3), 

100.142(e)(1)(i), 100.142(e)(2)(ii), 

102.9(b)(2)(i)(B) and (b)(2)(ii), 102.9(f), 

102.11, 104.10(a)(4), 104.10(b)(5), 

104.14(b)(4)(iv) and (v), 104.17(a)(4), 

104.17(b)(4), 106.2(a)(1), 106.2(b)(2)(ii), 

106.2(b)(2)(v), 110.1(l)(1), 110.1(l)(4)(i), 

110.1(l)(6), 111.4(d)(4), 111.12(a) and 

(b),25 111.15(c), 111.35(e), 111.36(b) 

through (e), 114.8(d)(2) and (3), 

9003.1(b)(2) through (5), 9003.5, 

9003.5(b), (b)(1)(ii)(A) and (B), (b)(1)(iii) 

and (iv), (b)(4), and (c), 9003.6(c), 

9004.7(b)(5)(iv) and (v), 9004.9(d)(1)(i) 

and (e), 9007.1(b)(1)(iv) and (c)(2), 

9033.1(b)(2) through (6), 9033.2(c), 

9033.11, 9033.11(b), (b)(1)(ii)(A) and (B), 

(b)(1)(iii) and (iv), (b)(4), and (c), 

9033.12(c), 9034.2(c)(1)(iii), 9034.5(c)(1) 

and (d), 9034.7(b)(5)(iv) and (v), 

9034.8(b)(4), 9035.1(c)(3), 9036.1(b)(3), 

(4), and (7), 9036.2(b)(1)(vi) and (vii), 

9036.3(b), (b)(4), and (d), 9036.4(b)(4), 

9036.5(c)(1), 9038.1(b)(1)(iv) and (c)(2), 

9038.2(b)(3), 9039.2(a)(3) and (b), and 

9039.3(b)(2)(vi). The Commission’s 

regulations will now use the defined 

term ‘‘record’’ in these provisions to 

increase consistency in the regulatory 

terminology. Moreover, by changing 

these provisions’ references from 

‘‘copy,’’ ‘‘document,’’ and ‘‘journal’’ to 

‘‘record,’’ the Commission intends to 

avoid the implication that these 

provisions refer only to paper materials 

or to mean something other than what 

is meant by ‘‘record.’’ 26

Second, the Commission is replacing 

the regulatory requirements that a 

committee receiving a check or other 

written instrument designated for a 

specific election must retain ‘‘a full-size 

photocopy of the check or written 

instrument.’’ 27 Recognizing that such 

records may reasonably be retained in 

forms other than ‘‘a full-size 

photocopy,’’ the Commission is 

amending 11 CFR 110.1(l)(1) and 

(l)(4)(ii) and 9036.1(b)(5) and (6) to 

require maintenance or submission, as 

appropriate, of a ‘‘record’’ that contains 

a complete image of that instrument. 

The Commission is not revising the 

references to ‘‘full-size photocopies’’ in 

11 CFR 9036.1(b)(3) because that section 

already provides two procedures for 

submission of records: one for paper 

records and another for digital records. 

Finally, the Commission is making 

conforming revisions to two provisions 

that describe the administrative record 

in public finance matters. The 

Commission is adding ‘‘records’’ to the 

lists of materials that comprise the 

administrative record for final 

determinations in §§ 9007.7(a) and 

9038.7(a). 

The Commission has decided not to 

change the standalone definition of 

‘‘records’’ in the lobbyist bundling rule 

at 11 CFR 104.22(a)(6)(ii)(A), as that 

provision is already relatively expansive 

and is consistent with the new general 

definition the Commission is adopting. 

2. New Definitions of ‘‘Writing’’ and 

‘‘Written’’—11 CFR 100.35 

FECA requires certain reports, 

statements, and other materials to be 

‘‘written’’ or ‘‘in writing.’’ 28 The 

Funding Acts have similar ‘‘writing’’ 

and ‘‘written’’ requirements.29 In the 

Commission’s regulations, the terms 

‘‘written’’ and ‘‘writing’’ (or forms of 

these words) appear more than 200 

times, usually without definition or 

example.30 The Commission has, 

however, interpreted at least one of 

these regulations to encompass certain 

categories of electronic documents.31


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Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 199 

Commission found to be ‘‘in writing and be signed 

by the contributor’’ as required by 11 CFR 

110.1(b)(5) and 110.2(b)(5)). 

32Some Commission regulations that require a 

document to be ‘‘in writing’’ or ‘‘written’’ also 

require the document to be signed. The Commission 

is adopting a new definition of ‘‘signed,’’ discussed 

below. 

33See Fed. R. Evid. 1001(a) (‘‘ ‘writing’ consists of 

letters, words, numbers, or their equivalent set 

down in any form’’). The Federal Rules of Evidence 

separately clarify that ‘‘a reference to any kind of 

written material or any other medium includes 

electronically stored information.’’ Fed. R. Evid. 

101(b)(6). 

34See 11 CFR 110.1(b)(5)(ii)(B)(6), (C)(7), 

110.1(k)(3)(ii)(B)(3). 

35See 11 CFR 110.11(c)(2). 

36See 11 CFR 102.9(a)(4)(i)–(ii), 104.8(d)(1), 

110.1(k)(3)(ii)(B)(1), 110.1(l)(1), 110.1(l)(4)(ii), 

110.6(c)(1)(v), 110.20(a)(5)(iii), 9034.2(a)(1), 

9034.2(a)(4), 9034.2(b), 9034.2(c), 9034.3(c), 

9034.9(c)(7)(iv), 9036.1(b)(3), 9036.2(b)(1)(vi), 

9036.3(b)(1)–(3), 9036.3(c)(3), 9036.5(c)(1). 

37See 52 U.S.C. 30109(a)(1), 30109(a)(4)(B)(ii); 

see also 52 U.S.C. 30104(a)(1), 30104(a)(11)(C), 

30104(d)(3). 

38See 52 U.S.C. 30104(b)(6)(B)(iii), 

30104(c)(2)(B), 30104(f)(2), 30107(a)(1), 30109(a)(1), 

26 U.S.C. 9003(b)–(c), 9004(d); see also 52 U.S.C. 

30104(a)(11)(C), 30104(d)(3). 

39See, e.g., 11 CFR 104.18(g) (providing for 

electronic signatures for reports), 111.4(b)(2) 

(complaints), 111.23(a) (designation of counsel), 

300.37(d) (certifications by certain tax-exempt 

organizations), 9034.2(c) (allowing for alternative 

signatures for contributors over the internet). 

To clarify that ‘‘written’’ material or 

material ‘‘in writing’’ can be either 

tangible or electronic, the Commission 

is adding a new general definition at 11 

CFR 100.35.32 The new definition 

essentially replicates Rule 1001(a) of the 

Federal Rules of Evidence by defining 

the terms ‘‘written,’’ ‘‘in writing,’’ and 

‘‘a writing’’ to mean ‘‘consisting of 

letters, words, numbers, or their 

equivalent set down in any medium or 

form, including paper, email or other 

electronic message, computer file, or 

digital storage device.’’ 33 In this 

definition, the Commission intends 

‘‘writing’’ and ‘‘written’’ to be broad 

enough to encompass not only letters 

and words, but also their equivalent— 

such as images or graphics (e.g., emojis 

or GIFs) used in lieu of text—that may 

arise as new forms of electronic writing 

emerge in the future. As in the 

definition of ‘‘record,’’ the regulation 

will now provide that ‘‘writing’’ may be 

set down in any medium or form, 

including electronic. The examples in 

the definition are drawn from examples 

in the Black’s Law Dictionary definition 

of ‘‘writing’’ and include those media 

that the Commission believes are most 

likely to be used by political 

committees. However, the examples are 

intended to be illustrative and not an 

exhaustive list. 

In conjunction with the new 

definition, the Commission is making 

conforming changes to a number of 

regulations, as described below. 

First, the Commission is amending 

three regulations that refer to 

‘‘electronic mail’’ as a ‘‘written method’’ 

of notification by which a political 

committee may notify a contributor that 

the committee has redesignated or 

reattributed a contribution.34 These 

references to ‘‘electronic mail’’ are 

redundant with the new definition of 

‘‘written.’’ Furthermore, the continued 

inclusion of these references might 

cause confusion regarding whether 

other Commission regulations that 

address ‘‘written’’ material without 

specifically mentioning ‘‘electronic 

mail’’ implicitly exclude email. To 

avoid such redundancy and confusion, 

the Commission is removing these three 

references to electronic mail. 

Second, the Commission is making 

conforming changes regarding 

notifications, reports, and other 

communications that, under existing 

regulations, must be made by ‘‘letter.’’ 

In light of the new broad definition of 

‘‘writing,’’ and to avoid implying that 

the communications described in those 

provisions must be on paper, the 

Commission is replacing each reference 

to ‘‘letter’’ with ‘‘writing’’ in the 

following provisions: 11 CFR 

100.3(a)(3), 110.6(c)(1)(v), 111.9(a) and 

(b), 111.17(a) and (b), 111.18(d), 

111.37(a) and (b), 111.40(a), 116.8(b), 

9003.1(a)(1), 9032.2(d), 9033.1(b)(8), and 

9033.5(a)(2). 

Similarly, the Commission is revising 

several references to ‘‘letters’’ or 

‘‘mailings’’ by replacing them with 

references to the type of information 

contained therein, such as 

‘‘certification,’’ ‘‘report,’’ ‘‘notice,’’ or 

‘‘agreement.’’ For example, 11 CFR 

9003.2(d) currently states: ‘‘Major party 

candidates shall submit the 

certifications required under 11 CFR 

9003.2 in a letter which shall be signed 

and submitted within 14 days after 

receiving the party’s nomination for 

election,’’ and the provision makes 

several additional references to ‘‘such 

letter.’’ The Commission is now revising 

11 CFR 9003.2(d) to read: ‘‘Major party 

candidates shall sign and submit the 

certifications required under 11 CFR 

9003.2 within 14 days after receiving 

the party’s nomination for election,’’ 

and to replace further references to 

‘‘such letter’’ with the phrase ‘‘such 

certification.’’ The Commission is 

similarly replacing each reference to 

‘‘letter’’ or ‘‘mailing’’ in the following 

provisions: 11 CFR 110.6(c)(1)(ii), 

111.6(a), 111.23(a) and (b), 114.8, 

116.8(b), 200.3(a)(2), 200.3(a)(3), 

200.4(b), 201.3(b)(1), 201.3(b)(2)(i), 

9003.1(a)(2), 9033.1(a)(1), and 

9033.2(a)(1). 

The Commission is also revising some 

uses of ‘‘letter’’ in administrative 

regulations to which the new definition 

of ‘‘writing’’ would not apply. 

Specifically, the Commission is making 

the following revisions to its public 

disclosure and Rehabilitation Act 

regulations: (1) replace ‘‘Letter requests’’ 

with ‘‘Requests’’ in 11 CFR 5.4(a)(5); (2) 

replace the reference to ‘‘a letter 

containing’’ certain Rehabilitation Act 

notifications with a requirement for the 

notifications to be ‘‘in writing,’’ 11 CFR 

6.170(g); and (3) conform § 6.170(h) to 

the foregoing change by replacing that 

section’s reference to ‘‘the letter’’ 

required by § 6.170(g) with ‘‘the 

notification.’’ 

Third, the Commission is replacing 

the terms ‘‘written document’’ and 

‘‘written documentation’’ with 

‘‘writing’’ in 11 CFR 100.29(b)(6)(ii)(A) 

and 9034.2(c)(1)(i). 

Finally, the Commission is making 

conforming changes to account for the 

fact that the new general definition of 

‘‘written’’ may create confusion when 

applied to the use of that term in 11 CFR 

300.64(c)(3). Section 300.64(c)(3) had 

provided that certain ‘‘written’’ material 

must satisfy the disclaimer requirements 

of 11 CFR 110.11(c)(2). Section 110.11, 

however, sets forth requirements such 

as font size and display type— 

requirements that, both on their face 

and under the explicit terms of the 

regulation, apply only to ‘‘printed’’ 

material.35 Thus, to avoid suggesting 

that the new definition of ‘‘written’’ 

alters the substantive application of 

§ 300.64, the Commission is conforming 

that section to § 110.11 by replacing the 

word ‘‘written’’ with ‘‘printed’’ in 

§ 300.64(c)(3)(ii) and (iii) and removing 

the word ‘‘written’’ from 

§ 300.64(c)(3)(v). 

The Commission has decided not to 

exclude the term ‘‘written instrument’’ 

from the new definition.36 The 

Commission judges that ‘‘written 

instrument’’ is generally understood to 

be a term of art referring to a check, 

money order, or negotiable instrument; 

as a term of art, it will not be affected 

by the new definition of ‘‘written.’’ 

3. New Definition of ‘‘Signature’’ and 

‘‘Electronic Signature’’—11 CFR 100.36 

FECA and the Funding Acts require 

certain documents to be signed,37

sworn, notarized, submitted under oath, 

or certified under penalty of perjury.38

In Commission regulations, the terms 

‘‘sign,’’ ‘‘signed,’’ and ‘‘signature’’ (and 

variants thereof) appear more than 50 

times. Only some of these references 

provide for electronic signatures,39


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40See, e.g., Electronic Contributor 

Redesignations, 76 FR 16233; see also Advisory 

Opinion 2013–12 (Service Employees International 

Union COPE) at 3–4 (discussing Commission’s 

history of approving ‘‘authorizations in a form other 

than the traditional written signature, where the use 

of technology would not compromise the intent of 

the [FECA] or Commission regulations’’). 

41Compare 11 CFR 104.4(d)(2) (electronic 

certification under penalty of perjury for reporting), 

104.18(g) (same), and 109.10(e)(2)(ii) (same), with 

11 CFR 111.4(b)–(c) (notarization requirement for 

complaints), and 111.11 (sworn answers). See also 

11 CFR 100.93(a)(3)(iv)(A), 100.93(g)(3), 102.2(a)(3), 

104.3(b)(3)(vii)(B), 104.3(d)(1)(v), 300.11(d), 

300.37(d). 

42See Signature, Black’s Law Dictionary (11th ed. 

2019) (defining ‘‘signature’’ to include any ‘‘name, 

mark, or writing used with the intention of 

authenticating a document’’ (citing U.C.C. 1– 

201(37) and 3–401(b) and Restatement (Second) of 

Contracts 134 (1979))); Signature, Random House 

Dictionary of the English Language, Unabridged 

(2nd ed. 1987) (defining ‘‘signature’’ as ‘‘a person’s 

name, or a mark representing it, as signed 

personally or by a deputy, as in subscribing a letter 

or other document’’). 

43See Signature, Black’s Law Dictionary (11th ed. 

2019). 

44This dictionary defines an ‘‘electronic 

signature’’ as an ‘‘electronic symbol, sound, or 

process that is either attached to or logically 

associated with a document (such as a contract or 

other record) and executed or adopted by a person 

with the intent to sign the document.’’ Electronic 

Signature, Black’s Law Dictionary (11th ed. 2019). 

The dictionary provides as examples ‘‘a typed name 

at the end of an email, a digital image of a 

handwritten signature, and the click of an ‘I accept’ 

button on an e-commerce site.’’ Id. 

45See 15 U.S.C. 7006(5) (defining ‘‘electronic 

signature’’ as ‘‘an electronic sound, symbol, or 

process, attached to or logically associated with a 

. . . record and executed or adopted by a person 

with the intent to sign the record’’). 

46See UETA 2(8) (defining ‘‘electronic signature’’ 

as ‘‘an electronic sound, symbol, or process 

attached to or logically associated with a record and 

executed or adopted by a person with the intent to 

sign the record’’). 

47See Electronic Contributor Redesignations, 76 

FR 16233. To the extent that this interpretive rule’s 

approach to a ‘‘signature’’ could be construed to 

conflict with the new definition of ‘‘signature,’’ it 

is superseded. 

48See Digital Signature, Black’s Law Dictionary 

(11th ed. 2019) (defining ‘‘digital signature’’ as 

‘‘secure, digital code attached to an electronically 

transmitted message that uniquely identifies and 

authenticates the sender’’), Electronic Signature, 

Black’s Law Dictionary (10th ed. 2014) (stating that 

‘‘electronic signature does not suggest or require the 

use of encryption, authentication, or identification 

measures’’). 

although the Commission has 

interpreted at least one of the 

regulations that does not so provide to 

nonetheless allow certain electronic 

signatures.40 Similarly, only some of the 

Commission regulations requiring 

certification under penalty of perjury 

provide for electronic certifications.41

To clarify that the regulatory signature 

requirements may generally be met 

electronically, the Commission is 

adding a general definition of 

‘‘signature’’ at 11 CFR 100.36. The new 

definition contains three paragraphs. 

New paragraph (a) defines ‘‘signature’’ 

as ‘‘an individual’s name or mark on a 

writing or record that identifies the 

individual and authenticates the writing 

or record.’’ This definition draws on 

legal and other dictionary definitions of 

‘‘signature.’’ 42 It also incorporates the 

terms ‘‘writing’’ and ‘‘record,’’ as 

opposed to the source dictionaries’ use 

of the term ‘‘document,’’ to be 

consistent with the new definitions of 

those terms in 11 CFR 100.34 and 

100.35, discussed above. Unlike at least 

one source definition,43 the definition of 

‘‘signature’’ here does not incorporate a 

subjective ‘‘intent’’ element, i.e., a 

requirement that a signature be affixed 

by the signer with a certain intention; 

rather, the Commission is adopting an 

objective definition with which 

compliance can be initially determined 

on the face of the signed writing or 

record. New paragraph (a) also provides 

that, unless otherwise specified, the 

definition of ‘‘signature’’ includes an 

‘‘electronic signature.’’ 

New paragraph (b) of 11 CFR 100.36 

in turn defines an ‘‘electronic signature’’ 

as ‘‘an electronic word, image, symbol, 

or process that an individual attaches to 

or associates with a writing or record to 

identify the individual and authenticate 

the writing or record.’’ This definition is 

drawn from several sources, including 

Black’s Law Dictionary,44 the E-Sign 

Act,45 UETA,46 and the Commission’s 

interpretive rule concerning electronic 

redesignations of contributions.47 New 

paragraph (b) follows all the source 

definitions of ‘‘electronic signature’’ in 

using the terms ‘‘symbol’’ and 

‘‘process,’’ as well as in requiring that 

the electronic signature be attached to or 

associated with a writing or record. The 

Commission also is including ‘‘word’’ 

and ‘‘image’’ as methods of electronic 

signature, based on the examples in 

Black’s Law Dictionary, to make clear 

that a writing or record can be signed by 

these means (such as by inserting a 

digital image of a person’s handwritten 

signature). And as with new paragraph 

(a), new paragraph (b) incorporates the 

terms ‘‘writing’’ and ‘‘record’’ to be 

consistent with the new definitions in 

11 CFR 100.34 and 100.35. The new 

definition thus encompasses forms that 

electronic signatures may take as new 

technologies emerge. 

The new definition intentionally 

differs from the source definitions in 

certain respects. For example, the new 

definition does not include ‘‘sound’’ as 

a form of electronic signature because 

the Commission’s current and 

anticipated reporting technologies 

would not enable it to receive and make 

public audio signatures. Further, the 

Commission does not distinguish 

between an ‘‘electronic signature’’ and a 

‘‘digital signature.’’ Black’s Law 

Dictionary defines the latter as having a 

heightened level of security, integrity, 

and authenticity compared to an 

electronic signature,48 but because the 

Commission utilizes other methods to 

ensure a heightened level of 

authenticity when required (such as 

notarization requirements, as discussed 

below), the definition of ‘‘signature’’ 

need not differentiate between digital 

and electronic signatures. 

New paragraph (b) lists as examples of 

electronic signatures ‘‘a digital image of 

a handwritten signature’’ and ‘‘a secure, 

digital code attached to an electronically 

transmitted message that uniquely 

identifies and authenticates the sender.’’ 

These examples are drawn from the 

definition of ‘‘digital signature’’ and 

examples of ‘‘electronic signature’’ in 

Black’s Law Dictionary; the Commission 

believes them to be the forms of 

electronic signature most likely to be 

used by political committees. However, 

the examples are intended to be 

illustrative only and not an exhaustive 

list. 

As noted above, the new regulation 

provides that electronic signatures are 

valid signatures ‘‘unless otherwise 

specified.’’ This language allows the 

Commission to require more specific 

forms of electronic signatures, or even to 

prohibit electronic signatures, in certain 

circumstances. Preserving such 

flexibility is important because, as new 

technologies develop, some forms of 

electronic signatures may arise that are 

unreliable or otherwise not suitable for 

authenticating records. 

In light of the new definition of 

‘‘signature,’’ the Commission is making 

conforming changes to regulations that 

have more specific signature 

requirements. For example, 11 CFR 

104.4(d)(2) and 109.10(e)(2)(ii) have 

specified that an independent 

expenditure report must be verified by 

one of two methods: by ‘‘handwritten 

signature’’ on reports filed on paper, or 

by ‘‘typing the treasurer’s name’’ on 

reports filed by electronic mail. The 

Commission is revising these provisions 

to allow electronically filed 

independent expenditure reports to be 

verified by ‘‘electronic signature’’ 

(which might include, but would not be 

limited to, typing the treasurer’s name 

on the reports). The Commission also is 

revising the electronic signature 

requirement at 11 CFR 9034.2(c), which 

defines ‘‘signature’’ for matchable 

presidential primary election payments 

made by credit or debit card, and is 


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49See infra Section (E)(3). 

50 15 U.S.C. 7001(g); see also UETA 11 (providing 

that notarization, acknowledgment, verification, or 

oath requirement is ‘‘satisfied if the electronic 

signature of the person authorized to perform those 

acts . . . is attached to or logically associated with 

the signature or record’’). 

51The National Association of Secretaries of State 

notes that 38 states currently permit some form of 

electronic notarization, and 34 of those have laws 

permitting remote electronic notarization, while 

additional states and Washington, DC have issued 

emergency regulations or guidance permitting 

remote electronic notarization due to the COVID– 

19 pandemic. See Nat’l Assoc. of Secs. of State, 

Remote Electronic Notarization, https://

www.nass.org/initiatives/remote-electronicnotarization (last visited Nov. 9, 2023). 

52The NPRM proposed removing the street 

address from these provisions because at that time, 

each of these provisions included the street address. 

However, in the interim, the Commission published 

a final rule in the Federal Register, updating the 

Commission’s street address in 11 CFR 1.2 and 

replacing the Commission’s street address with a 

cross-reference to 11 CFR 1.2 wherever else it 

appeared in Title 11. Change of Address; Technical 

Amendments, 82 FR 60852 (Dec. 26, 2017) 

(‘‘Change of Address Final Rule’’). 

53See, e.g., 11 CFR 1.3(b), 111.4(a), 111.15(a), 

112.1(e), 112.3(d). 

54See, e.g., FEC, Searchable Electronic 

Rulemaking System—Basic Search, sers.fec.gov/ 

fosers (release date June 14, 2013) (web portal for 

commenting on rulemakings). 

55See, e.g., FEC, The Advisory Opinion Process, 

www.fec.gov/law/draftaos.shtml (establishing email 

address for comments on draft advisory opinions) 

(last visited Nov. 9, 2023). 

56As discussed in note 50, supra, the 

Commission has already replaced the street address 

in these provisions with a cross-reference to 11 CFR 

1.2. See Change of Address Final Rule, 82 FR at 

60852. Thus, these final rules replace the crossreferences to § 1.2, rather than the street address 

itself. 

57Because the definitions in part 100 of the 

Commission’s regulations generally do not apply to 

parts 1–8 of the regulations, the new references to 

‘‘filing’’ in parts 1–8 explicitly cross-reference new 

11 CFR 100.19(g). 

58 In the NPRM, the Commission proposed 

retaining the reference to ‘‘999 E Street NW’’ in 11 

CFR 5.5(a) along with the hours of the public 

disclosure division. However, given that the 

Commission subsequently revised this provision by 

replacing the street address with a cross-reference 

to 11 CFR 1.2, the Commission is removing the 

cross-reference and office hours. 

59 In the NPRM, the Commission did not include 

the three provisions of part 104 now included in 

this list. The Commission has decided to remove 

the cross-references to the street address as set out 

in § 1.2 from these three provisions for the same 

reasons it is being removed from the other listed 

provisions. 

making other changes to that section as 

described further below.49

New paragraph (c) of 11 CFR 100.36 

provides that a ‘‘writing or record may 

be sworn, made under oath, or 

otherwise certified or verified under 

penalty of perjury, by electronic 

signature.’’ This tracks the 

corresponding provision of the E-Sign 

Act, which provides that a legal 

requirement for a signature to be 

‘‘acknowledged, verified, or made under 

oath’’ is ‘‘satisfied if the electronic 

signature of the person authorized to 

perform those acts . . . is attached to or 

logically associated with the signature 

or record.’’ 50 This proposal therefore 

provides sufficient safeguards of 

integrity and authenticity for material 

that must be sworn or otherwise 

verified. 

Finally, new paragraph (c) also states 

that ‘‘[a] writing or record may be 

notarized electronically pursuant to 

applicable State law.’’ A number of 

states currently allow for electronic 

notarization.51 Commission practice 

currently refers to a state’s law to 

determine the validity of a notarization 

from that state. The Commission 

received no comments on this aspect of 

the rulemaking and has determined to 

continue accepting documents notarized 

under state law. 

4. Revised Definition of ‘‘File, Filed, or 

Filing’’—11 CFR 100.19(g) 

The Commission is revising the 

definition of ‘‘file, filed, or filing’’ at 11 

CFR 100.19 so that interested parties 

can more easily communicate 

electronically with the Commission. 

The Commission also is making 

conforming amendments throughout 11 

CFR chapter I. 

Section 100.19 has defined ‘‘file, filed 

or filing’’ to include certain forms of 

electronic submission, but only in the 

context of documents that must be filed 

with the Commission under 11 CFR 

parts 101, 102, 104, 105, 107, 108, and 

109. As such, the rule has addressed the 

filing of reports and statements only 

regarding independent expenditures, 

electioneering communications, and the 

organization, contributions, and 

disbursements of political committees. 

But, as described in more detail below, 

the Commission’s regulations also 

require or provide for the submission of 

numerous other documents to the 

Commission. Many of these current 

regulations regarding sending 

documents to the Commission 

specifically refer to 52 the Commission’s 

mailing address as set out in 11 CFR 

1.2.53 This implied that the submissions 

had to be made physically (such as by 

mail or hand-delivery), rather than 

electronically. 

To provide the Commission with 

greater flexibility to accept documents 

electronically, the Commission is 

adding new paragraph (g) to 11 CFR 

100.19. Under new paragraph (g), a 

document other than those already 

covered by paragraphs (a) through (f) 

may be filed ‘‘in person or by mail, 

including priority mail or express mail, 

or overnight delivery service, with the 

Federal Election Commission, or by any 

alternative means, including electronic, 

that the Commission may prescribe.’’ 

The Commission intends to build upon 

this change by adopting such 

procedures for receiving electronic 

submissions—such as through online 

forms 54 or email 55—as the Commission 

determines to be appropriate for the 

various categories of documents. 

The Commission also is revising the 

introductory paragraph of 11 CFR 

100.19 to explicitly note the scope of 

new paragraph (g). This change will not 

affect the existing rules on documents 

governed by paragraphs (a) through (f). 

Given that neither FECA nor the 

Funding Acts require paper mailing 

addresses, the Commission is further 

amending 11 CFR 100.19(a) to delete the 

cross-reference to the street address for 

the Commission. 

Similarly, the Commission is making 

conforming amendments corresponding 

to those discussed in the NPRM by 

replacing the references to the 

Commission’s street address as set out 

in 11 CFR 1.2 56 in a number of 

regulations that refer to submissions to 

the Commission—or to a particular 

Commission officer, such as the Chief 

FOIA Officer—with references to 

‘‘filing’’ and § 100.19(g), as appropriate, 

and by removing the references to the 

Commission’s street address from other 

regulations.57 These regulations are 11 

CFR 1.3(b), 1.4(a), 4.5(a)(4)(i), 

4.5(a)(4)(iv), 4.7(b)(1), 4.8(c), 5.5(a),58

5.5(c), 6.170(d)(3), 6.170(i), 104.2(b), 

104.3(e)(5), 104.21(c)(3),59 111.4(a), 

111.15(a), 111.16(c), 112.1(e), 112.3(d), 

and 200.2(b)(5). 

For the same reasons, the Commission 

also is amending other regulatory 

requirements relating to 

communications by mail: 

• Sections 4.5(a)(4)(i) and 4.8(b) 

require that certain information be 

included ‘‘on the envelope’’ in which a 

FOIA request or appeal is sent to the 

Commission. As revised, these 

regulations will state that such 

information must be clearly indicated 

on the ‘‘envelope or subject line, or in 

a similarly prominent location’’ of the 

communication. 

• Section 112.4(g) provides that an 

advisory opinion must be ‘‘sent by mail, 

or personally delivered’’ by the 

Commission to the person who 

requested it. As revised, the provision 

will require only that the advisory 

opinion ‘‘be provided’’ by the 

Commission to the requestor, so as to 

encompass electronic transmission of 

the advisory opinion. 

• Section 102.6(c)(2) provides that a 

solicitation of contributions to a 

separate segregated fund may be 

included ‘‘in’’ a bill for membership 


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60The twice-annual solicitation of employees 

outside of the restricted class may be conducted 

only by mail sent to the employee’s residence. See 

52 U.S.C. 30118(b)(4)(B); 11 CFR 114.6(c). Thus, the 

Commission is not amending the reference to 

‘‘mail’’ in section 114.6(c), and the change to 11 

CFR 102.6(c)(2), which allows for solicitations by 

means other than mail, does not apply to these 

twice-yearly solicitations. 

61The Commission is not adding an electronic 

reference to the non-exhaustive list at 11 CFR 

114.1(f) of the manner in which a solicited 

contribution may be received because the list 

already includes payroll deduction, which may be 

accomplished electronically. 

62The Commission is not making any 

corresponding changes to 11 CFR 111.2(c)—which 

adds three days to each service period under part 

111 for ‘‘any paper’’ served ‘‘by mail’’—because 

electronic submissions are essentially immediate 

and therefore do not require extensions to account 

for delivery time. 63Payment processors include, for example, such 

entities as First Data, PayPal, BitPay, m-Qube, and 

other commercial entities that process and transmit 

traditional, online, or text-message payments in the 

ordinary course of business. 64See, e.g., Online Person-to-Person (P2P), 

Account-to-Account Payments and Electronic Cash, 

Fed. Fin. Inst. Examination Council, https://ithand

book.ffiec.gov/it-booklets/retail-payment-systems/ 

payment-instruments-clearing-and-settlement/cardbased-electronic-payments/online-person-toperson-p2p-account-to-account-a2a-payments-andelectronic-cash.aspx (last visited Nov. 30, 2023). 

65 11 CFR 110.1(b)(6); see also id. 110.2(b)(6). 

66 Id. 110.1(b)(6); see also id. 110.2(b)(6). 

67See Advisory Opinion 2012–07 (Feinstein for 

Senate); Advisory Opinion 2008–08 (Zucker); 

Advisory Opinion 1991–01 (Deloitte & Touche 

PAC); Advisory Opinion 1990–14 (AT&T). 

68Advisory Opinion 2008–08 (Zucker) at 3 

(quoting Advisory Opinion 1990–14 (AT&T)); see 

also Advisory Opinion 2012–07 (Feinstein for 

Senate) at 5. 

dues. Because such bills are now 

sometimes delivered electronically, 

rather than in paper form, the 

Commission is changing ‘‘in’’ to ‘‘with.’’ 

The substantive requirements for 

soliciting contributions to a separate 

segregated fund are not changing.60

• In § 114.1(g), which provides a nonexhaustive list of the manner in which 

a solicitation may be made, the 

Commission is adding ‘‘emails’’ to the 

existing list of ‘‘mailings, oral requests 

. . . , and hand distribution of 

pamphlets’’ to recognize that 

solicitations may be made 

electronically.61

• In § 116.9(a)(2), which describes 

what constitutes a political committee’s 

reasonable diligence in attempting to 

locate a creditor, the Commission is 

adding email as a valid means of 

attempting to contact the creditor. 

• Sections 9003.1(b)(7) and 

9033.1(b)(8) require submission of the 

‘‘name and mailing address’’ of the 

person entitled to receive public fund 

payments on behalf of a candidate. The 

Commission is amending these to 

require the person’s email address, as 

well. 

To allow for electronic filing, notice, 

and service of documents and records in 

the Commission’s enforcement process, 

the Commission is revising part 111 of 

its regulations. First, the Commission is 

removing or limiting requirements to 

file multiple copies of documents where 

multiple copies are no longer necessary. 

In 11 CFR 111.4(a), the Commission is 

clarifying that the requirement for a 

complainant to file three copies of a 

complaint applies to non-electronic 

filings only. In 11 CFR 111.15(a) and 

111.16(c), the Commission is deleting 

the provisions that state that a 

respondent ‘‘should . . . if possible’’ 

file multiple copies of a motion or brief. 

Second, the Commission is revising 

the following regulations that currently 

refer to ‘‘enclos[ing]’’ a copy of a 

document: 11 CFR 111.5(a), 111.5(b), 

and 111.16(b). As revised, the 

regulations state that the Commission 

shall ‘‘provide’’ a copy of the relevant 

document. 

Third, the Commission is revising 11 

CFR 111.13(c) and (d), which govern the 

service of subpoenas, orders, and 

notifications, to add explicit electronic 

service options. The regulations 

currently allow for service by a number 

of means, including by mail, in person, 

and ‘‘by any other method whereby 

actual notice is given.’’ The Commission 

is revising this last clause to read ‘‘by 

any other method, including 

electronically, whereby actual notice is 

given.’’ 62

Finally, at 11 CFR 111.23(a)(1), the 

Commission is adding ‘‘email address’’ 

to the list of information about 

respondent’s counsel that must be 

provided to the Commission. 

The Commission intends these 

revisions to simplify and modernize the 

process by which it interacts with 

respondents and complainants during 

the enforcement process by providing 

options for electronic communications. 

D. Electronic Contributions 

The Commission is also revising its 

regulations to address electronic 

contributions. These revisions fall into 

three general categories that correspond 

to three stages in the electronic flow of 

funds from a contributor to a political 

committee: (1) when the contributor 

authorizes the transaction; (2) when the 

entity processing the payment (the 

‘‘payment processor’’) 63 transfers the 

contribution to the recipient political 

committee; and (3) when the recipient 

political committee deposits the funds 

into its campaign depository. The 

Commission is revising its rules in these 

areas in light of its understanding of the 

standards and practices that vendors 

and payment processors use to process 

payments made by check, credit card, 

debit card, prepaid card, and other 

payment methods; the methods by 

which vendors and payment processors 

verify a payor’s identity, attribute 

payments, and collect, maintain, and 

transmit transaction records; 64 and the 

Commission’s understanding of the 

operators and users of established and 

emerging electronic payment 

platforms—such as PayPal, Venmo, 

Square, Zelle, and other electronic 

wallet, P2P, mobile app, and social 

media payment platforms. 

1. When a Contributor Authorizes a 

Transaction: Contribution Is ‘‘Made’’ 

and ‘‘Received’’ 

For purposes of the contribution 

limits, Commission regulations specify 

that a contribution is made ‘‘when the 

contributor relinquishes control over the 

contribution’’; control is relinquished 

when the contribution ‘‘is delivered by 

the contributor to the candidate, to the 

political committee, or to an agent of the 

political committee.’’ 65 The regulations 

further specify that a contribution that 

is mailed is considered to be made on 

the date of the postmark.66

Although the regulations are silent as 

to when electronic contributions are 

‘‘made,’’ the Commission has addressed 

the issue of when credit card 

contributions are made in several 

advisory opinions.67 Generally, the 

Commission has concluded that a credit 

card contribution is made ‘‘when the 

credit card or credit card number is 

presented, because at that point ‘[t]he 

contributor is strictly obligated by the 

card agreement to make payment of the 

credit card bill and incurs substantial 

penalties with possible collection fees 

and cancellation of future credit 

privileges for nonpayment.’ ’’ 68

The Commission is revising 11 CFR 

110.1(b)(6) and 110.2(b)(6) by adding a 

description of when electronic 

contributions—credit card or 

otherwise—are considered to be 

‘‘made.’’ As revised, the regulations 

build on the Commission’s conclusions 

in the above-referenced advisory 

opinions by providing that a 

contribution made in an electronic 

transaction ‘‘is considered to be made 

when the contributor authorizes the 

transaction.’’ The revised regulations do 

not provide examples of specific types 

of ‘‘electronic transactions’’—such as 

the physical presentation of a debit 

card; the entry of a credit or prepaid 

card number in an online form, in 

person, or by telephone; the transfer of 

a bitcoin; or the sending of a text 

message—because the Commission has 


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69For example, Advisory Opinion 1991–01 

(Deloitte & Touche PAC) concerned a political 

committee’s proposal to obtain contributors’ credit 

card authorizations several months before charging 

their credit cards for contributions. The 

Commission concluded that, ‘‘[i]n view of the 

contributor’s ability to revoke the authorization’’ 

during this time period, each contributor would be 

deemed to relinquish control over a contribution, 

and thus to make the contribution, when the credit 

card was charged, rather than when the 

authorization occurred. Advisory Opinion 1991–01 

(Deloitte & Touche PAC) at 4. 

70 11 CFR 102.8(a); see also id. 102.8(b)(2) (same 

description of ‘‘receipt’’); id. 102.17(c)(3)(iii) 

(providing that political committee receives 

contribution through joint fundraising committee 

on date contribution is received by committee’s 

joint fundraising representative), 9034.8(c)(4)(iii) 

(same). 

71Advisory Opinion 1990–04 (American 

Veterinary Medical Association PAC) at 2–3; see 

also Advisory Opinion 2012–35 (Global Transaction 

Services Group) (determining that contributions 

made by credit or debit card are received as of date 

credit or debit card holder authorizes card to be 

charged with contribution); Advisory Opinion 

2012–17 (Red Blue T et al.) at 6 (‘‘m-Qube I’’) 

(‘‘Under m-Qube’s proposed factoring arrangement, 

which is similar to how credit card contributions 

are handled, the Commission considers the 

contributions to be received at the time of the optin, as opposed to when the bill is paid.’’); FEC, 

Campaign Guide: Congressional Candidates and 

Committees 25 (2021), https://www.fec.gov/ 

resources/cms-content/documents/candgui.pdf. 

72See, e.g., Advisory Opinion 2012–30 

(Revolution Messaging); Advisory Opinion 2012–28 

(CTIA—The Wireless Association) (‘‘CTIA II’’); 

Advisory Opinion 2012–26 (Cooper for Congress et 

al.) (‘‘m-Qube II’’); Advisory Opinion 2012–17 (mQube I); Advisory Opinion 2010–23 (CTIA—The 

Wireless Association) (‘‘CTIA I’’). 

73See, e.g., Advisory Opinion 2018–05 

(CaringCent); Advisory Opinion 2017–06 (Stein and 

Gottlieb); Advisory Opinion 2014–07 (Crowdpac); 

Advisory Opinion 2012–35 (Global Transaction 

Services Group); Advisory Opinion 2012–22 

(skimmerhat); Advisory Opinion 2012–09 (Points 

for Politics); Advisory Opinion 2011–19 

(GivingSphere); Advisory Opinion 2011–06 

(Democracy Engine et al.); Advisory Opinion 2007– 

04 (Atlatl); Advisory Opinion 2006–08 (Brooks). 

74 52 U.S.C. 30102(b)(2). 

75For example, when a credit card holder uses a 

credit card to purchase goods or services from a 

merchant, the merchant often receives payment for 

the goods and services before the credit card holder 

is even billed. See, e.g., Visa, Frequently Asked 

Questions—How do Visa transactions work?, 

https://usa.visa.com/run-your-business/accept-visapayments.html (follow ‘‘Learn how Visa 

transactions work’’ hyperlink and click play arrow) 

(last visited Nov. 9, 2023). Similarly, in certain text 

message transactions, payment processors transmit 

funds to merchants before the mobile phone users 

pay bills with associated charges. See Advisory 

Opinion 2010–23 (CTIA I); Advisory Opinion 2012– 

17 (m-Qube I). 

76See, e.g., 11 CFR 116.3; Advisory Opinion 

2012–26 (m-Qube II); Advisory Opinion 2012–31 

(AT&T). 

77This revision codifies the application of the 

forwarding requirements of 52 U.S.C. 30102(b) and 

11 CFR 102.8 to contributions made by text message 

and web-based platforms, as set forth in Advisory 

Opinion 2012–26 (m-Qube II). The revision 

supersedes Advisory Opinion 2012–17 (m-Qube I) 

to the extent it concluded that contributions made 

by text message were not subject to the forwarding 

requirements. Factored payments from payment 

processors to political committees as described in 

Advisory Opinion 2012–17 (m-Qube I) and 

Advisory Opinion 2012–26 (m-Qube II) are one 

means of satisfying the forwarding requirements if 

made within 10 or 30 days of the contributor’s 

authorization, as applicable. See 52 U.S.C. 30102(b); 

11 CFR 102.8; see also Advisory Opinion 2012–35 

(Global Transaction Services Group) at 4 (approving 

proposal where processor transmitted contributions 

to political committees within ten days); Advisory 

Continued 

determined that examples 

distinguishing between electronic and 

non-electronic transactions are not 

necessary; in fact, examples tied to 

specific technologies might be unduly 

limiting or risk becoming rapidly 

obsolete. The Commission does not 

intend for the new regulation to alter the 

existing approach the Commission takes 

in determining the dates on which 

electronic payments are made pursuant 

to recurring monthly payment 

authorizations.69

Like the existing regulations regarding 

when a contribution is ‘‘made,’’ the 

regulations concerning when a 

contribution is ‘‘received’’ focus on 

possession. The current regulations 

provide that the ‘‘date of receipt’’ of a 

contribution is the date a person 

‘‘obtains possession of the 

contribution.’’ 70 In the context of credit 

card contributions, the Commission has 

stated that a contribution is received 

when the contributor’s authorization to 

charge the credit card is received. 

‘‘Inasmuch as such authorizations may 

be presented to [the recipient’s] bank in 

order to credit [the recipient’s] account, 

the receipt of such an authorization is 

the equivalent of the receipt of a check 

that may be deposited and, thus, the 

date this occurs is the date upon which 

[the recipient] obtains possession of the 

contribution.’’ 71

Because a commercial payment 

processor or the recipient political 

committee may receive the contributor’s 

authorization before obtaining actual 

possession of the contributor’s funds, 

the Commission is revising 11 CFR 

102.8(a) and (b)(2) to explicitly provide 

that the date of receipt is the date that 

a person either obtains possession of a 

contribution ‘‘or, for a contribution 

made in an electronic transaction in 

which the receipt of authorization 

precedes the receipt of funds, obtains 

the contributor’s authorization of the 

transaction.’’ The Commission is not 

including in the regulatory text any 

technology-specific examples of when a 

contribution is ‘‘received’’ for the same 

reasons given above for not including 

technology-specific examples of when a 

contribution is ‘‘made.’’ 

2. Commercial Payment Processors: 

Revisions to the Conduit and 

Forwarding Rules 

Many contributions are first received 

not by the ultimate recipient political 

committees, but by commercial entities 

that process the payments. In several 

advisory opinions, the Commission has 

addressed the application of its 

regulations to the receipt of 

contributions via commercial entities 

that process contributions 

electronically—including entities that 

process contributions made by text 

message 72 or via web-based platforms.73

The Commission is revising its 

forwarding regulations at 11 CFR 102.8 

and its earmarking regulations at 11 CFR 

110.6 to codify some of the conclusions 

of these advisory opinions. 

a. Revisions to Forwarding Rule, 11 CFR 

102.8 

Section 102.8 implements FECA’s 

requirement that ‘‘[e]very person who 

receives a contribution’’ for a political 

committee must forward the 

contribution and information about the 

contributor to the recipient political 

committee within either 10 or 30 days, 

depending on whether the recipient is 

an authorized or unauthorized 

committee and the amount of the 

contribution.74 Under the revised 

definition of ‘‘receipt,’’ discussed above, 

this forwarding requirement is triggered 

when a commercial payment processor 

receives a contributor’s authorization to 

make a contribution, even if the 

payment processor has not yet received 

the contributor’s funds. 

Because this scenario occurs 

frequently in modern electronic 

transactions,75 the Commission is 

adding a new paragraph (d) to 11 CFR 

102.8 to make clear that payment 

processors must satisfy FECA’s 

forwarding requirement within 10 or 30 

days of receiving a contributor’s 

authorization of a contribution, even if 

the processor has not yet received the 

contributor’s funds. Under new 

paragraph (d), a payment processor will 

satisfy the forwarding requirements of 

52 U.S.C. 30102(b) if it transmits funds 

and contributor information to a 

recipient political committee within 10 

or 30 days, as applicable, of the 

contributor’s authorization of the 

transaction. To ensure that a payment 

processor does not make contributions 

to candidates and committees by 

transmitting the funds, the payment 

processor must meet this forwarding 

requirement in its ordinary course of 

business.76 The revised rule thus 

reflects how modern transactions are 

conducted and ensures that FECA’s 

forwarding requirement is satisfied 

when contributors and political 

committees make and receive 

contributions electronically.77


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204 Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 

Opinion 2010–23 (CTIA I) at 6–7 (rejecting proposal 

to process contributions by text message because, in 

part, contributions would not be forwarded to 

recipient committees within timeframe required by 

52 U.S.C. 30102(b) and 11 CFR 102.8). 78CTIA, Comment at 16 (Dec. 2, 2016), http://

sers.fec.gov/fosers/showpdf.htm?docid=354000. 79The same commenter also acknowledged in a 

more recent comment that ‘‘a shift in mobile 

fundraising by political committees . . . has 

obviated the need to charge political contributions 

to a wireless user’s bill and to process the 

contributions by DCB.’’ CTIA, Comment at 3 (Oct. 

11, 2022), https://sers.fec.gov/fosers/showpdf.htm?

docid=420616. 

80Thus, earmarked contributions are ‘‘subject to 

the original contributors’ limits on contributions to 

the candidate.’’ Affiliated Committees, Transfers, 

Prohibited Contributions, Annual Contribution 

Limitations and Earmarked Contributions, 54 FR 

34098, 34105 (Aug. 17, 1989). 52 U.S.C. 30116(a)(8). 

81 11 CFR 110.6(b)(1). 

82See 52 U.S.C. 30118. 

83 11 CFR 110.6(b)(2). 

84See 11 CFR 110.6(b)(2)(i). 

85See Advisory Opinion 2021–10 (Retail Benefits, 

Inc.); Advisory Opinion 2018–05 (CaringCent); 

Advisory Opinion 2007–04 (Atlatl); Advisory 

Opinion 2004–19 (DollarVote.org); see also 

Advisory Opinion 2012–09 (Points for Politics). 

86See Advisory Opinion 2021–07 (PACMS); 

Advisory Opinion 2019–04 (Prytany); Advisory 

Opinion 2017–06 (Stein and Gottlieb); Advisory 

Opinion 2011–19 (GivingSphere); Advisory 

Opinion 2011–06 (Democracy Engine); Advisory 

Opinion 2006–08 (Brooks). 

87Advisory Opinion 2012–22 (skimmerhat) at 10. 

88 Id. (citing Advisory Opinion 2011–06 

(Democracy Engine)); see also Advisory Opinion 

2016–08 (eBundler.com) at 8 (‘‘where a commercial 

vendor provides contribution processing services to 

contributors, the contributions made through the 

platform . . . are . . . direct contributions to the 

candidate . . . made via a commercial processing 

service’’ and not earmarked contributions); 

Advisory Opinion 2014–07 (Crowdpac) (approving 

commercial processor’s transmission of 

contributions to candidates); ActBlue, Comment at 

5, sers.fec.gov/fosers/showpdf.htm?docid=297360 

(stating that without electronic payment processors, 

‘‘committees would not be able to raise campaign 

funds on the internet or by credit card at all’’). 

89NPRM, 81 FR 76427. 

The Commission is not adopting 

regulatory language to define ‘‘ordinary 

course of business,’’ but the term will be 

construed consistently with the 

definition of the same term in 11 CFR 

116.3(c), which looks to the vendor’s 

past practices, as well as industry 

custom, to determine whether the 

vendor acted in the ordinary course of 

business. 

The Commission received a comment 

in response to the NPRM regarding 

direct carrier billing (‘‘DCB’’), which is 

a particular form of commercial 

payment processing that enables 

customers to pay for goods and services 

by charging them to a wireless bill. The 

comment asked the Commission to 

adopt a detailed rule specifically to 

address DCB, proposing, for example, 

that a contribution that is forwarded by 

DCB should be deemed ‘‘made’’ only 

‘‘when a wireless company transfers 

funds from its accounts to a connection 

aggregator.’’ 78 As the Commission has 

noted throughout this rulemaking, 

however, the Commission is revising its 

regulations in part to move away from 

technology-specific rules, in favor of 

technology-neutral language.79 The 

Commission therefore declines to 

promulgate regulatory text that would 

govern this single payment practice. 

Any person uncertain as to the effect of 

the revised regulations on a particular 

technology may seek additional 

guidance through the Commission’s 

advisory opinion process. 

b. Revisions to Earmarking Rule, 11 CFR 

110.6 

FECA provides that, for purposes of 

contribution limitations, ‘‘all 

contributions made by a person, either 

directly or indirectly . . . , including 

contributions which are in any way 

earmarked or otherwise directed 

through an intermediary or conduit to 

such candidate, shall be treated as 

contributions from such person to such 

candidate.’’ 80 The Commission defines 

‘‘earmarked’’ to mean ‘‘a designation, 

instruction, or encumbrance, whether 

direct or indirect, express or implied, 

oral or written, which results in all or 

any part of a contribution . . . being 

made to . . . a clearly identified 

candidate or a candidate’s authorized 

committee.’’ 81 Because FECA prohibits 

corporations from making contributions 

to candidate committees,82 and because 

persons prohibited from making 

contributions and expenditures are also 

prohibited from being conduits or 

intermediaries who receive and forward 

earmarked contributions to a 

candidate,83 a corporation generally 

may not receive and forward earmarked 

contributions. 

Commission regulations provide for 

certain exceptions to the earmarking 

rule,84 but these exceptions do not 

squarely apply to payments made 

through online processors that the 

Commission has addressed in several 

advisory opinions. In some of these 

opinions, the Commission concluded 

that the transactions were permissible 

because the corporations that processed 

the contributions were acting as 

commercial vendors to the political 

committee.85 In other opinions, the 

Commission approved the transactions 

under the rationale that the corporations 

were providing services to the 

contributors.86 And in Advisory 

Opinion 2012–22 (skimmerhat), the 

Commission determined expressly that 

contributions made through a for-profit 

corporation’s website were ‘‘direct 

contributions to the candidate . . . via 

a commercial processing service’’ and 

‘‘not contributions to an intermediary 

and earmarked for a candidate.’’ 87 The 

Commission explained that ‘‘certain 

electronic transactional services . . . do 

not run afoul of the prohibition on 

corporations acting as a conduit or 

intermediary for earmarked 

contributions because certain electronic 

transactional services are so essential to 

the flow of modern commerce that they 

are akin to ‘delivery services, bill-paying 

services, or check writing services.’ ’’ 88

In the NRPM, the Commission 

proposed two alternatives to amend 11 

CFR 110.6(b) by exempting commercial 

payment processors from the definition 

of ‘‘conduit or intermediary’’ in 11 CFR 

110.6(b)(2). Proposed alternatives A and 

B both would have exempted 

‘‘commercial payment processors’’ from 

the earmarking rule, defining a 

‘‘commercial payment processor’’ as any 

person whose usual and normal 

business is to process payments and 

who processes payments to candidates 

and authorized committees in the 

ordinary course of business; proposed 

alternative A would have additionally 

required that such a processor not 

exercise direction or control over the 

choice of the recipient candidate or 

authorized committee. The Commission 

also asked, though, whether it should 

bring § 110.6 in line with the flow of 

modern commerce by revising the 

definition of ‘‘earmarked’’ at 11 CFR 

110.6(b)(1)—rather than revising the 

definition of ‘‘conduit or intermediary’’ 

at 11 CFR 110.6(b)(2)—by, for example, 

clarifying that the definition of 

‘‘earmark’’ does not generally include a 

contributor’s authorization to initiate an 

electronic transaction.89

After further consideration, the 

Commission has decided to adopt this 

latter approach to revising the 

earmarking rule. Specifically, the 

Commission is revising § 110.6 to clarify 

in the definition of ‘‘earmarked’’ in 11 

CFR 110.6(b)(1) that a ‘‘contributor’s 

authorization that a commercial 

payment processor, whose usual and 

normal business is to process payments, 

transmit funds from the contributor to 

the designated candidate or authorized 

committee in the commercial payment 

processor’s ordinary course of business 

does not in itself constitute an 

earmark.’’ This final rule adopts the 

description of ‘‘commercial payment 

processor’’ proposed in both alternatives 

A and B, i.e., an entity whose usual and 

normal business is to process payments 

and which does so in the ordinary 

course of business. However, because 


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90Because the new rule does not turn on the 

incorporation status of a payment processor, it does 

not affect the ability of a limited liability company 

that opts to be treated like a partnership for tax 

purposes to process contributions to candidates in 

the ordinary course of business. See Advisory 

Opinion 2012–09 (Points for Politics). 

91See, e.g., Advisory Opinion 2017–06 (Stein and 

Gottlieb) at 5; Advisory Opinion 2015–15 

(WeSupportThat.com) at 5 (quoting Advisory 

Opinion 2014–07 (Crowdpac) and Advisory 

Opinion 2011–06 (Democracy Engine)). 

92 52 U.S.C. 30102(h)(1); 11 CFR 103.3(a). 

93See 52 U.S.C. 30102(h)(1); 11 CFR 103.2; see 

also 11 CFR 102.2(a)(1)(vi) (disclosure of campaign 

depositories). 

94ActBlue, Comment at 2, sers.fec.gov/fosers/ 

showpdf.htm?docid=297360. 

95 Id. at 4. 

96See Advisory Opinion 1995–34 (Politechs) n.6 

(describing processing of contributions for multiple 

committees through one merchant account). 

97 Id; see also Advisory Opinion 1999–22 

(Aristotle Publishing) (approving proposal under 

which recipient political committees would report 

payment processor’s FDIC-insured merchant 

account through which their contributions flowed 

as campaign depository accounts); Advisory 

Opinion 2012–07 (Feinstein for Senate) at 5 n.9 

(reaffirming that ‘‘joint merchant account’’ of type 

described in Advisory Opinion 1999–22 (Aristotle 

Publishing) is campaign depository). 

98See Advisory Opinion 2017–02 (War Chest) 

(concluding that committee need not report as 

campaign depositories those accounts held by trust 

in sub-custodian bank accounts in trust’s name and 

over which committee has no control); ActBlue, 

Comment at 4, sers.fec.gov/fosers/ 

showpdf.htm?docid=297360 (noting that merchant 

accounts are standard aspect of credit card 

processing and arguing that therefore ‘‘there is no 

need to treat merchant accounts as campaign 

depositories which must be registered with the 

Commission’’). 

99For ease of reading, the Commission is also 

dividing § 103.3(a) into two subparts to address the 

two distinct issues (receipts and disbursements) 

addressed therein. 

the new rule presents an exception to 

the definition of ‘‘earmark’’ rather than 

an exception to the definition of 

‘‘conduit or intermediary,’’ the new rule 

focuses on the contributor’s 

authorization of the transaction rather 

than on the payment processor’s 

actions. This approach is consistent 

with the changes the Commission is 

making to ‘‘authorization’’ of 

transactions in 11 CFR 102.8, discussed 

above. 

As mentioned in the NPRM, the new 

rule clarifies that a contributor’s 

authorization to initiate an electronic 

transaction through a payment 

processor does not ‘‘in itself’’ constitute 

an earmark. This regulatory language is 

intended to recognize that a 

contribution that is otherwise 

earmarked within the meaning of the 

Commission’s regulations is not 

excluded from treatment as an earmark 

merely because the transaction includes 

an authorization to a payment 

processor. The Commission anticipates 

that specific applications of the revised 

definition of ‘‘earmark,’’ including 

instances where a processor exercises 

direction or control over the 

contribution, will be informed by the 

Commission’s existing precedents. 

The term ‘‘commercial payment 

processors’’ is not intended to 

distinguish between persons who 

process contributions as a service to 

contributors and those who process 

contributions as a service to candidates 

and authorized committees. Thus, the 

term encompasses processors that 

transmit funds from wireless service 

providers to recipient committees, as 

well as online payment systems such as 

PayPal and Square, and the requestors 

in the advisory opinions in which the 

Commission has approved electronic 

payment processing.90 The Commission 

anticipates, however, that the 

distinction will remain relevant to 

determine whether fees associated with 

contributions made through commercial 

payment processors are considered part 

of the contributed amount. As the 

Commission has explained in several 

advisory opinions, where a contributor’s 

payment of a fee would ‘‘relieve the 

recipient political committee[ ] of a 

financial burden [it] would otherwise 

incur,’’ the fee would be considered a 

contribution.91

The Commission intends the revision 

to 11 CFR 110.6(b)(1) to clarify and 

codify its existing guidance on the issue, 

and thus to encourage the use of 

evolving and emerging technological 

innovations to process contributions 

electronically. 

3. When a Political Committee Deposits 

the Contribution: Campaign 

Depositories, Merchant Accounts, and 

Recordkeeping 

Once a political committee has 

received a contribution, it must deposit 

that receipt in an account at a campaign 

depository within ten days.92 The 

campaign depository must be a state 

bank, federally chartered depository 

institution, or depository institution 

with accounts insured by certain federal 

agencies.93

The Commission is revising several 

regulations to address issues related to 

the deposit into campaign depositories 

of contributions made electronically. 

First, the Commission is revising 11 

CFR 103.3(a) to clarify the campaign 

depository requirements for joint 

merchant accounts. Second, the 

Commission is revising 11 CFR 

102.9(a)(4) and 9036.1(b)(4) to address 

recordkeeping related to the electronic 

transfer of contributions from a payment 

processor to a political committee’s 

campaign depository. 

a. Campaign Depositories for Joint 

Merchant Accounts—11 CFR 103.3 

Many political committees and 

payment processors use merchant 

accounts to process contributions. As 

one commenter noted in response to the 

ANPRM: ‘‘In order to accept credit card 

contributions, the committee must have 

a merchant account with the payment 

processor which is connected to the 

website on the contribution end and to 

a specific bank account on the 

processing end.’’ 94 The commenter 

characterized the merchant account 

system that is used for payment 

transfers as ‘‘nothing but an accounting 

tool which operates purely as a passthrough.’’ 95

Merchant accounts operated and 

controlled by a payment processor may 

contain contributions for several 

different political committees.96 The 

Commission has indicated that a 

political committee receiving funds 

through one of these merchant accounts 

should report and treat the merchant 

account as a campaign depository 

account.97

The Commission has now 

reconsidered its earlier guidance that 

political committees report the joint 

merchant accounts through which their 

contributions flow as their own 

campaign depository accounts. The 

Commission is not convinced of the 

disclosure or compliance value of 

reporting a third party’s pass-through 

account, which the recipient political 

committee does not own, operate, or 

control, as the committee’s own 

account.98 The Commission is therefore 

amending 11 CFR 103.3(a), which 

governs the deposit of receipts in 

campaign depositories, to provide that 

contributions deposited in the ordinary 

course of business in a merchant 

account of a payment processor 

described in new 11 CFR 102.8(d) are 

not ‘‘receipts’’ of the recipient political 

committee, but are, instead, 

contributions to be forwarded by the 

processor under 11 CFR 102.8.99

Together with the revisions to § 102.8 

discussed above, this amendment aims 

to ensure that electronic payments 

passing through merchant accounts 

comply with FECA’s forwarding 

requirements, while also adapting the 

campaign-depository rule to account for 

the ways in which electronic payments 

differ from the cash and check 

contributions that predominated when 

those requirements were enacted. 

The new merchant account regulation 

applies to merchant accounts held in 


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206 Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 

100 52 U.S.C. 30102(b)(2); 11 CFR 102.8(a). 

101 52 U.S.C. 30101(8)(A)(i); 11 CFR 100.52(a); see 

also 52 U.S.C. 30101(9)(A)(i); 11 CFR 100.111(a) 

(corresponding provisions for the term 

‘‘expenditure’’). 

102 11 CFR 100.52(c); see also id. 100.111(d) 

(corresponding provision for expenditures). 

103 120 Cong. Rec. H7832 (daily ed. Aug. 7, 1974) 

(statement of Rep. Boland). 

104 52 U.S.C. 30123; see also 11 CFR 110.4(c) (also 

referring to such contributions as ‘‘cash’’), 9034.3(j) 

(disallowing matching funds for contributions of 

currency of United States or foreign country). 

105 11 CFR 110.4(c)(3); see also 52 U.S.C. 

30102(c)(2) (requiring name and address of 

contributors for contributions over $50). 

106ANPRM, 78 FR at 25638. 

107NPRM, 81 FR at 76429. 

108 Id. 

109Request for Additional Comment, 87 FR at 

54916–17. 

the ordinary course of business by 

payment processors described in new 11 

CFR 102.8(d) and not, therefore, to 

accounts of political committees. Thus, 

if a political committee administers or 

otherwise controls a merchant account, 

that account constitutes and must be 

reported as a campaign account as it 

always has. 

In conjunction with the change to 11 

CFR 103.3(a), the Commission is 

superseding Advisory Opinion 1995–34 

(Politechs), Advisory Opinion 1999–22 

(Aristotle Publishing), and Advisory 

Opinion 2012–07 (Feinstein for Senate), 

to the extent that these advisory 

opinions interpreted FECA as requiring 

political committees to treat joint 

merchant accounts over which the 

recipient political committees exercise 

no control as their own campaign 

depository accounts. 

b. Recordkeeping—11 CFR 102.9(a)(4) 

and 9036.1(b)(4) 

As noted above, FECA and 

Commission regulations require any 

person who receives a contribution for 

or on behalf of a political committee to 

forward the contribution and 

information about the contributor to the 

political committee within a certain 

period of time.100 The Commission has 

seen, through its auditing function, that 

committees often receive contributions 

separately from contributors’ 

information; that is, payment processors 

often forward contributions as an 

aggregated amount but forward 

information about each individual 

contributor separately. Because of this, 

marrying individual contributor 

information with the recipient political 

committee’s records of receipts and 

deposits can be a challenge when 

committees are audited. 

To address these challenges, the 

Commission is revising 11 CFR 

102.9(a)(4). Section 102.9(a)(4) currently 

requires political committees to 

maintain, for each contribution that they 

receive in excess of $50, either (i) a fullsize photocopy of the check or written 

instrument, or (ii) a digital image of the 

check or written instrument. As revised, 

paragraphs (4)(i) and (4)(ii) are being 

replaced with a new paragraph (4), 

which requires political committees to 

maintain a ‘‘record’’ of each 

contribution received. For checks or 

written instruments in excess of $50, the 

revised rule still requires treasurers to 

maintain an image of the instrument. 

For all contributions, the revised rule 

adds a requirement that a record of the 

receipt must include sufficient 

information associating that 

contribution with its deposit in the 

political committee’s campaign 

depository, such as a batch number. The 

revised rule also removes the 

requirement that committees provide 

the Commission with the electronic 

means to read such records because that 

requirement appears in the new 

definition of ‘‘record’’ discussed above. 

The Commission is adopting a similar 

revision to the recordkeeping provision 

at 11 CFR 9036.1(b)(4), which applies to 

bank documentation of deposits of 

publicly matched contributions. Section 

9036.1(b)(4) requires a candidate to 

submit ‘‘bank documentation, such as 

bank-validated deposit slips or 

unvalidated deposit slips accompanied 

by the relevant bank statements, which 

indicate that the contributions were 

deposited into a designated campaign 

depository.’’ The Commission is adding, 

after ‘‘relevant bank statements,’’ 

language that would apply to electronic 

deposits: ‘‘or, for deposits made 

electronically, information associating 

contributions to their deposit in the 

designated campaign depository, such 

as a batch number.’’ 

E. Other Considerations in Electronic 

Contributions and Disbursements 

The Commission is revising other 

regulations to modernize requirements 

concerning the receipt of ‘‘currency’’ 

and ‘‘cash’’; the receipt, disbursement, 

and transfer of funds; the records of 

contributions eligible for public 

matching funds; and the designation 

and attribution of contributions in light 

of electronic transactions and records. 

1. ‘‘Currency’’ and ‘‘Cash’’—11 CFR 

110.4 

The term ‘‘contribution’’ includes 

gifts, advances, and deposits of 

‘‘money’’ by any person for the purpose 

of influencing a federal election.101 The 

term ‘‘money’’ includes ‘‘currency of the 

United States or of any foreign nation,’’ 

as well as checks, money orders, and 

any other negotiable instrument payable 

on demand.102

The legislative history of FECA 

indicates that Congress was particularly 

concerned about the role of cash in 

federal elections. As one legislator 

noted, ‘‘cash offers too facile a medium 

for unethical and illegal activities’’; its 

‘‘untraceability’’ and ‘‘easy 

transferability’’ were of particular 

concern.103 Thus, Congress limited 

contributions of currency to $100.104

Commission regulations also prohibit 

the use in federal elections of any 

portion of an anonymous ‘‘cash’’ 

contribution that exceeds $50.105

The Commission invited comment 

several times on payment methods that 

share some of the characteristics of cash 

and received only a few comments 

addressing this topic. In the ANPRM, 

the Commission asked ‘‘whether 

prepaid debit, credit, banking, and gift 

cards are functionally the same as cash’’ 

and whether the Commission should 

amend its regulations to prohibit 

contributions in excess of $100 using 

those methods.106 The Commission 

received one comment that addressed 

prepaid cards, from an entity that 

processes online contributions. In the 

NPRM, the Commission noted again that 

some electronic payment methods, 

particularly prepaid cards and some 

forms of cryptocurrency, have certain 

characteristics that are similar to 

cash.107 Like currency, prepaid cards 

and some forms of cryptocurrency are 

easily transferable and relatively 

untraceable; all that is needed to acquire 

and use them is sufficient cash to 

purchase them. The Commission 

therefore proposed to update its rules to 

apply the limitations on contributions of 

cash or currency at 11 CFR 110.4(c) to 

contributions made by prepaid cards.108

No commenters addressed this proposal. 

Most recently, the Commission sought 

comment about prepaid card 

transactions in the Request for 

Additional Comment, but did not 

receive any comments in response.109

The Commission also asked in the 

NPRM whether it should restrict 

contributions of cryptocurrency such as 

bitcoin to the ‘‘cash’’ contribution limit 

at 11 CFR 110.4(c). Alternatively, the 

Commission asked whether it should 


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Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 207 

110See 11 CFR 102.10 (requiring committee 

disbursements be made by check from campaign 

depositories), 103.3(a) (setting campaign depository 

requirements for receipts and disbursements). 

111 52 U.S.C. 30102(h)(1). 

112 11 CFR 102.10; see also id. 103.3(a) (same). 

113See, e.g., Advisory Opinion 1993–04 

(Christopher Cox Congressional Committee) 

(approving ‘‘computer driven billpayer service’’ that 

disbursed funds by electronic transfer); Advisory 

Opinion 1982–25 (Barbara Sigmund for Congress 

Committee) (concluding that wire transfer qualifies 

as ‘‘similar draft’’). 

114 11 CFR 102.6(c)(3). 

115See id. (describing combined payments under 

payroll deduction plan). 

treat receipts and disbursements of 

cryptocurrency as in-kind contributions 

because they cannot be deposited in 

campaign depositories.110 Two 

commenters, an advocacy center 

focused on blockchain technologies and 

a cryptocurrency exchange, discussed 

the use of cryptocurrency in response to 

the NPRM. Both opined that the 

Commission should not treat 

cryptocurrency contributions the same 

as cash contributions. 

The Commission has determined not 

to amend its rules at this time to address 

prepaid cards or cryptocurrency. These 

payment methods involve potentially 

complex commercial and technological 

issues that are beyond the Commission’s 

current expertise. To understand fully 

the potential effects that any regulatory 

changes might have on industry 

practices, it is important for the 

Commission to hear from those who 

regularly use and implement these 

payment methods. Few commenters 

have shared their perspectives on the 

feasibility or potential implications of 

amending Commission regulations to 

address prepaid cards or 

cryptocurrency. Because any regulatory 

changes concerning these payment 

methods would benefit from a more 

focused inquiry and expertise on these 

rapidly evolving technologies, the 

Commission has decided not to amend 

its regulations as proposed at this time. 

2. Updating References to Contributions 

and Disbursements by Check 

a. Committee Disbursements by 

Electronic Transfer 

FECA requires each political 

committee to maintain at least one 

checking account and to make all 

disbursements (other than from petty 

cash) ‘‘by check.’’ 111 The Commission 

has implemented this requirement in 

regulations that require all 

disbursements (other than petty cash 

disbursements) to be made ‘‘by check or 

similar draft drawn on’’ a campaign 

depository account.112 The Commission 

has further interpreted the term ‘‘similar 

draft’’ to include certain forms of 

electronic disbursement.113 Consistent 

with these prior interpretations and in 

light of the increasing use of electronic 

transactions in the campaign finance 

arena, the Commission is revising 11 

CFR 102.10 and 103.3(a) to provide that 

disbursements may be made by ‘‘check 

or similar draft, including electronic 

transfer’’ from a campaign depository; 

revising 11 CFR 110.1(b)(3)(i)(A) to 

enable political committees to refund 

contributions by ‘‘committee check or 

similar draft, including electronic 

transfer’’; and revising 11 CFR 

110.6(c)(1)(iv)(C) to require conduits 

and intermediaries to report earmarked 

contributions that are forwarded by 

electronic transfer, in addition to 

reporting earmarked contributions 

forwarded in cash or by the 

contributor’s or conduit’s check. The 

Commission intends these revisions to 

be consistent with the Commission’s 

prior interpretations of the terms 

‘‘check’’ or ‘‘similar draft.’’ 

b. Recordkeeping for Disbursements by 

Electronic Transfer 

In light of the regulatory revisions for 

disbursements by electronic transfer, 

and because current technology allows 

checks to be processed electronically 

without the creation of a canceled check 

(such as depositing a check using a 

smartphone app), the Commission is 

revising the recordkeeping requirements 

for political committee disbursements. 

Section 102.9(b) describes the records 

that political committees must keep of 

their disbursements. The Commission is 

revising 11 CFR 102.9(b)(2), (b)(2)(i)(B), 

and (b)(2)(ii), which currently require 

committees to keep a ‘‘cancelled check’’ 

to a payee or recipient (among other 

records of disbursements) to provide 

that a record of disbursement may 

consist of a ‘‘canceled check or record 

of electronic transfer’’ to the payee or 

recipient. The Commission also is 

removing 11 CFR 102.9(b)(2)(iii), which 

requires political committees to 

document disbursements made by share 

drafts or checks drawn on credit union 

accounts, because this provision is no 

longer necessary in light of changes to 

the recordkeeping provisions in other 

parts of § 102.9. 

Sections 9003.5(b) and 9033.11(b) 

contain the disbursement 

documentation requirements for 

publicly financed candidates. The 

Commission is revising 11 CFR 

9003.5(b)(1), 9003.5(b)(1)(iv), 

9003.5(b)(2)(ii), 9033.11(b)(1), 

9033.11(b)(1)(iv), and 9033.11(b)(2)(ii) 

to provide explicitly that a record of 

disbursement may consist of a ‘‘record 

of electronic transfer to the payee,’’ in 

addition to canceled checks negotiated 

by the payee. 

c. Electronic Funds Transfers Related to 

Separate Segregated Fund 

Administration 

The Commission is making similar 

revisions to two regulations relating to 

contributions by ‘‘check’’ to a separate 

segregated fund (‘‘SSF’’). First, the 

Commission is revising 11 CFR 

102.6(c)(3), which provides that a 

contributor may ‘‘write a check’’ 

representing both a contribution to an 

SSF and a payment of dues or other fees 

‘‘drawn on the contributor’s personal 

checking account or on a non-repayable 

corporate drawing account of the 

individual contributor.’’ 114 In Advisory 

Opinion 1990–04 (American Veterinary 

Medical Association PAC), the 

Commission interpreted this provision 

as allowing a combined payment by 

credit card. Consistent with the 

approach in that advisory opinion, and 

because of the increasing use of 

electronic payments, the Commission is 

revising 11 CFR 102.6(c)(3) to enable 

contributors to make combined 

payments to an SSF by credit card or 

electronic payment, as well as by check. 

The combined payment would still have 

to be made from the contributor’s 

personal account, irrespective of 

whether made by check or 

electronically, or through a payrolldeduction plan.115 The rule retains the 

reference to ‘‘a non-repayable corporate 

drawing account of the individual,’’ 

because the Commission wants to retain 

the clarification that such accounts are, 

for purposes of 11 CFR 102.6(c)(3), 

‘‘personal accounts.’’ 

Second, the Commission is revising 

11 CFR 114.6(d)(2)(iii), which requires 

the custodian of an SSF to forward to 

the SSF funds from certain separate 

accounts ‘‘by check drawn on’’ such 

accounts. Consistent with the revisions 

concerning disbursements from 

campaign depositories, the Commission 

is revising 11 CFR 114.6(d)(2)(iii) to 

allow such funds to be forwarded ‘‘by 

check or similar draft, including 

electronic transfer.’’ 

d. Electronic Transfers of Earmarked 

Contributions 

The Commission has determined not 

to revise 11 CFR 110.6(c)(1)(v) to 

address a conduit or intermediary’s 

electronic forwarding of an earmarked 

contribution. Section 110.6(c)(1)(v) sets 

forth the mechanisms for reporting two 

categories of earmarked contributions: 

those that pass through a conduit or 

intermediary’s account, and those that 

the conduit or intermediary forwards to 


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208 Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 

116 26 U.S.C. 9034(a). 

117See 11 CFR 9034.2(c)(8) (permitting matching 

of credit and debit card contributions by written 

instrument as set forth in 11 CFR 9034.2(b) and (c), 

but not credit or debit card contributions made 

orally). 

118See ActBlue, Comment at 2, sers.fec.gov/ 

fosers/showpdf.htm?docid=297360; Perkins Coie, 

Comment at 2, sers.fec.gov/fosers/ 

showpdf.htm?docid=297359; Visa, Comment at 1–3, 

sers.fec.gov/fosers/showpdf.htm?docid=297361. 

119 Visa, Comment at 2, sers.fec.gov/fosers/ 

showpdf.htm?docid=297361. 

120 Id. at 2–3. 

121See Matching Credit Card and Debit Card 

Contributions in Presidential Campaigns, 64 FR 

32394, 32395–96 (June 17, 1999). 

122 Id. at 32396. 

123See, e.g., Advisory Opinion 2013–12 (Service 

Employees International Union COPE) (noting that 

‘‘a telephone-based authorization system that 

included computer-based (and retrievable) records’’ 

could ‘‘incorporate[] procedural safeguards and 

recordkeeping mechanisms equivalent to . . . a 

handwritten signature on a paper document’’ 

(internal quotations omitted)). 

124Section 9003.3(a) concerns contributions to a 

publicly funded presidential candidate’s general 

election legal and accounting (‘‘GELAC’’) account. 

a committee ‘‘in the form of a 

contributor’s check or other written 

instrument’’ without first depositing 

them in the conduit’s or intermediary’s 

account. The regulation thus does not 

currently address earmarked 

contributions that the conduit or 

intermediary forwards electronically 

without those funds first passing 

through the conduit or intermediary’s 

account. The Commission asked in the 

NPRM whether such transactions occur, 

but it received no comments in 

response. Given the lack of information 

before the Commission on this question, 

the Commission is not making changes 

at this time. 

3. Electronic Contributions to Publicly 

Funded Committees 

The Funding Acts allow public fund 

matching only for contributions ‘‘made 

by a written instrument which identifies 

the person making the contribution by 

full name and mailing address.’’ 116 The 

Commission is revising 11 CFR 9034.2, 

which defines ‘‘written instrument’’ in 

this context to include contributions by 

credit and debit card—but not when 

made over the telephone—to a 

participant in the primary matching 

fund program.117 Section 9034.2(b) 

allows a political committee to receive 

matching funds for contributions by 

credit card made over the internet only 

if the electronic record of that 

transaction includes ‘‘the name of the 

cardholder and the card number, which 

can be maintained electronically and 

reproduced in a written form.’’ And 

§ 9034.2(c) requires the contribution 

also to contain the contributor’s 

‘‘signature,’’ which is defined for these 

purposes as ‘‘either an actual signature 

. . . or in the case of such a 

contribution made over the internet, the 

full name and card number of the 

cardholder who is the donor, entered 

and transmitted by the cardholder.’’ 

Comments received on the ANPRM 

urged the Commission to bring the 

requirement that committees maintain 

the full card number of contributors in 

line with payment industry security 

standards.118 Payment industry 

standards limit the storage and retention 

of payment card information in order to 

safeguard consumers and the payment 

system from fraud.119 Specifically, 

entities may not store the three-digit 

code printed on the back of payment 

cards and must render unreadable (by 

truncation, hashing, or encryption) the 

card number and expiration date where 

that information is stored.120

Because § 9034.2(b) and (c) require 

publicly funded candidates to retain the 

card number for each contribution by 

credit or debit card, some committees 

have historically viewed these 

regulations as inconsistent with 

payment industry security practices and 

requirements. Accordingly, and in 

recognition of the security risks that are 

attendant upon storing credit card 

numbers, the Commission is revising 11 

CFR 9034.2(b) and (c) by removing the 

requirements that the recipient must 

retain contributors’ debit and credit card 

numbers to be eligible for matching 

funds. All of the regulation’s other 

requirements will remain in effect, 

including the requirements that the 

recipient collect the full name and 

mailing address of each contributor and 

maintain a ‘‘record that can be 

reproduced on paper’’ of each electronic 

contribution. 

At this time, the Commission is not 

revising 11 CFR 9034.2(c)(8)(i), which 

prohibits public fund matching of credit 

and debit card contributions ‘‘where the 

cardholder’s name and card number are 

given . . . only orally.’’ When 

§ 9034.2(c) was first adopted, the 

Commission explained the exclusion of 

credit card ‘‘signatures’’ made over the 

telephone as consistent with the 

‘‘written instrument’’ limitation on the 

definition of ‘‘contribution’’ in 26 U.S.C. 

9034(a).121 The Commission explained 

that an oral authorization of a credit or 

debit card contribution is not a ‘‘written 

instrument’’ for purposes of the Funding 

Acts, because the only record of such a 

transaction is ‘‘created wholly by the 

recipient committee,’’ whereas for 

written authorizations ‘‘it is the 

signatory’s . . . act of entering his or her 

own name that represents a legal 

act.’’ 122 Although an electronic record 

of a credit or debit card contribution 

authorized orally—such as an audio 

recording of the authorization— 

constitutes a ‘‘written’’ ‘‘record’’ under 

FECA,123 such a record is created by the 

recipient committee and thus does not 

constitute a ‘‘written instrument’’ 

sufficient to meet the Funding Acts’ 

prerequisite for a candidate’s receipt of 

public funds, 26 U.S.C. 9034(a). 

Finally, the Commission is revising 11 

CFR 9036.2(b)(1)(iii), which requires 

committees to provide the Commission 

with a list of contribution ‘‘checks 

returned unpaid’’ (i.e., ‘‘bounced’’). The 

Commission is adding a parallel 

provision for the electronic equivalent 

of bounced checks by requiring 

committees to provide a list of ‘‘credit 

or debit card or other electronic 

payment chargebacks.’’ The 

Commission is not adding a similar 

provision regarding chargebacks to 11 

CFR 9036.1(b)(7), which concerns a 

committee’s initial submission for 

matching funds, because 11 CFR 

9036.1(b)(4) already requires such initial 

submissions to include validation for 

each deposited contribution. 

4. Designation, Redesignation, and 

Attribution of Contributions 

The Commission is revising several 

provisions concerning the written 

designation of contributions for 

particular elections and the attribution 

of contributions to particular 

contributors. 

First, the Commission is revising 11 

CFR 110.1(b)(4), 110.2(b)(4), and 

9003.3(a)(1)(vi), which define when 

contributions are ‘‘designated in 

writing.’’ Each of these rules now allows 

a contribution to be designated for a 

particular election (or account, in the 

case of 11 CFR 9003.3(a)(1)(vi)) 124 if it 

is made: (1) by a check, money order, or 

negotiable instrument which clearly 

indicates it is made with respect to that 

election or account; or (2) with an 

accompanying writing signed by the 

contributor that clearly indicates it is 

made with respect to that election or 

account. To ensure that these 

regulations apply uniformly to 

electronic and non-electronic 

transactions, the Commission is 

removing the reference to a ‘‘check, 

money order, or other negotiable 

instrument’’ from 11 CFR 110.1(b)(4)(i), 

110.2(b)(4)(i), and 9003.3(a)(1)(vi)(A). 

Similarly, the Commission is revising 

11 CFR 110.1(k)(1) and 9034.2(c), which 

govern attribution of joint contributions. 

Section 110.1(k)(1) provides that any 

contribution made by more than one 

person, other than a contribution by a 


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Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 209 

125See 11 CFR 9034.2(c)(1)(ii). 

126See Chenda Ngak, Last telegram ever to be sent 

July 14, CBS News, (June 18, 2013), https://

www.cbsnews.com/news/last-telegram-ever-to-besent-july-14/ (reporting that India’s state-run 

telecommunications company, ‘‘the last large-scale 

telegraph system in the world,’’ was slated to shut 

down telegraph service ‘‘because that part of its 

business is not commercially viable’’). 127 52 U.S.C. 30101(23). 

128The Commission is not changing regulatory 

references to microfilm that relate to older 

Commission records that are unavailable in other 

forms. See, e.g., 11 CFR 5.6(a)(1) (establishing fee 

for making paper copies from microfilm). 

partnership, ‘‘shall include the signature 

of each contributor on the check, money 

order, or other negotiable instrument or 

in a separate writing.’’ Because many 

contributions are made electronically 

rather than ‘‘by check, money order, or 

other negotiable instrument,’’ the 

Commission is removing that reference 

to how a contribution is made from 11 

CFR 110.1(k)(1). The revised regulation 

requires instead that any joint 

contribution be ‘‘indicated by the 

signature of each contributor in 

writing,’’ without reference to a 

particular written instrument. 

In the matching-funds context, 

§ 9034.2(c) details the manners in which 

joint contributions may be attributed, 

depending on the type of written 

instrument by which the contribution is 

made. The Commission is adding to this 

section a provision governing the 

attribution of matchable contributions 

made by credit and debit cards. 

Specifically, new § 9034.2(c)(8)(iii) 

parallels the joint attribution principles 

that apply to contributions by check,125

by providing that, ‘‘to be attributed to 

more than one person, a signed written 

statement must accompany the credit or 

debit card contribution indicating that 

the contribution was made from each 

individual’s personal funds in the 

amount so attributed.’’ 

F. Updating Other Technologically 

Outmoded References 

The Commission is updating its 

regulations to reflect technological 

advances and to remove certain 

references to outmoded technologies. 

These revisions do not affect the 

substance of any of the revised 

regulations. 

1. Telegrams, Telephones, Typewriters, 

Audio Tapes, and Facsimiles 

The Commission is removing the 

reference to ‘‘telegram’’ in 11 CFR 

104.6(c)(1) because telegrams are 

obsolete and therefore not useful to 

include in the regulation’s illustrative, 

non-exhaustive list of types of 

communications.126

For the same reason, the Commission 

is replacing the reference to 

‘‘typewriters’’ with ‘‘computers’’ in 11 

CFR 114.9(d) and removing the 

references to ‘‘typewriters’’ (without 

substituting a new term) in 11 CFR 

9004.6(a) and 9034.6(a). The word 

‘‘computer’’ in these contexts includes 

not only PCs, but also tablets, 

smartphones, and similar devices. 

Similarly, the Commission is adding 

‘‘internet service’’ to non-exhaustive 

illustrative lists that include ‘‘telephone 

service’’ in 11 CFR 106.2(b)(2)(iii)(D), 

9004.6(a) and (b), and 9034.6(a) and (b). 

Because most recording is now digital 

rather than on magnetic tape, the 

Commission is replacing all regulatory 

references to ‘‘tapes,’’ as in, for example, 

‘‘audio tapes,’’ with references to 

‘‘recordings’’ in 11 CFR 200.6(a)(5), 

9007.7(b)(2), and 9038.7(b)(2). 

The Commission also is revising 11 

CFR 108.6(b), which requires state 

officers to preserve certain reports 

concerning federal elections, by 

replacing the phrase ‘‘in facsimile copy 

by microfilm or otherwise’’ with ‘‘by 

copy.’’ The Commission is not, 

however, removing all references to 

‘‘facsimile’’ from its regulations. For 

example, certain uses of ‘‘facsimile’’ in 

the regulations are grounded in the use 

of the word in FECA, such as the 

definition of ‘‘mass mailing’’ in 11 CFR 

100.27, which is drawn from FECA’s 

definition of ‘‘mass mailing’’ as 

including ‘‘a mailing by . . . 

facsimile.’’ 127

2. Microfilm and Obsolete Computer 

References 

The Commission is removing most 

references to ‘‘microfilm,’’ ‘‘computer 

tape,’’ ‘‘magnetic tape,’’ and similar 

terms from the regulations because these 

technologies are, for most purposes, 

obsolete. These references are largely 

found in the rules implementing the 

Funding Acts, FOIA, the Privacy Act, 

and the Commission’s Public Disclosure 

and Media Relations Division. 

Specifically, the Commission is making 

the following revisions, none of which 

is substantive: 

• remove the references to 

‘‘microform,’’ ‘‘computer tape or 

microfilm,’’ ‘‘computerized,’’ and 

‘‘Computerized Magnetic Media 

Requirements’’ in 11 CFR 4.1(j), 

4.9(c)(5), 9007.1(b)(1), 9036.2(b)(1)(vi), 

and 9038.1(b)(1); 

• replace references to ‘‘machine 

readable documentation,’’ ‘‘magnetic 

tape or disk,’’ ‘‘computer disk,’’ 

‘‘magnetic tapes or magnetic diskettes,’’ 

and ‘‘computerized magnetic media’’ 

with ‘‘digital storage device’’ in 11 CFR 

4.1(j), 4.9(a)(3), 9003.1(b)(4), 9003.6(a), 

9033.1(b)(5), 9033.12(a), and 

9036.1(b)(2); 

• delete 11 CFR 9003.6(b) and 

9033.12(b), which concern the 

organization of computer information 

according to technical specifications of 

a computer system the Commission no 

longer uses; 

• replace ‘‘computers’’ with 

‘‘computers or other electronic devices’’ 

in 11 CFR 9004.6(a)(1) and 9034.6(a)(1); 

and 

• replace ‘‘either solely in magnetic 

media from or in both printed and 

magnetic media forms’’ with ‘‘in printed 

or digital form or a combination of 

printed and digital forms’’ in 11 CFR 

9036.2(b)(1)(ii). 

The Commission also is revising and 

simplifying the fee structures at 11 CFR 

4.9 and 5.6, which concern fees for 

FOIA and Public Disclosure. 

Specifically, the Commission is 

removing 11 CFR 4.9(a)(2) (imposing 

$25 per hour computer access FOIA 

fee); revising 11 CFR 4.9(c)(4) and 5.6(a) 

to reduce the fee for document 

certification; removing from 11 CFR 

4.9(c)(4) and 5.6(a) the fees for 

‘‘microfilm reader-printer’’ and 

‘‘microfilm-paper’’ copies, ‘‘reels of 

microfilm,’’ publications, computer 

tapes and indexes, professional research 

time, and transcripts; 128 removing the 

specified staff charges from § 4.9(c)(4) 

and adding a provision to charge the 

‘‘direct costs,’’ including staff and 

digital storage devices on which records 

are produced; removing from 11 CFR 

5.6(a) the fees for professional ‘‘research 

time/photocopying time’’; removing 11 

CFR 5.6(b), which establishes fees for 

providing Commission publications; 

and removing from 11 CFR 5.6(c) the 

reference to use of a contractor for 

microfilm and computer tape 

duplication. The Commission also is 

making a conforming revision to 11 CFR 

112.2(b) by including a reference to the 

Commission’s website in conjunction 

with an existing reference to the Public 

Disclosure and Media Relations 

Division. 

In the NPRM, the Commission sought 

comment on two parallel provisions 

concerning accommodations for the 

hearing impaired in television 

commercials prepared and distributed 

by publicly financed candidates. The 

Funding Acts require such candidates to 

certify that any television advertisement 

‘‘contains or is accompanied by closed 

captioning of the oral content of the 

commercial to be broadcast in line 21 of 

the vertical blanking interval, or is 

capable of being viewed by deaf and 

hearing impaired individuals via any 

comparable successor technology to line 


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210 Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 

129 26 U.S.C. 9003(e). 

130The definition of ‘‘public communication’’ is 

relevant to the application of certain disclaimer 

requirements, 11 CFR 110.11(a), coordination rules, 

11 CFR 109.21(c), and financing limitations, e.g., 11 

CFR 100.24(b)(3), 300.32(a)(1)-(2), 300.71. 

131See internet Communications, 71 FR 18589, 

18594 (Apr. 12, 2006); 52 U.S.C. 30101(22). 

132Even in the 2006 rulemaking, the Commission 

stated, albeit in a different context, that the ‘‘terms 

‘website’ and ‘any internet or electronic 

publication’ are meant to encompass a wide range 

of existing and developing technology, such as 

websites, ‘podcasts,’ etc.’’ internet 

Communications, 71 FR at 18608 n.52 (citing 2005 

testimony enumerating variety of ‘‘Internet 

communication technologies,’’ including instant 

messaging, ‘‘Internet Relay Chat,’’ social networking 

software, and widgets). 

133See Internet Communication Disclaimers and 

Definition of ‘‘Public Communication’’, 83 FR 

12864, 12868 (March 26, 2018). 

134NPRM, 81 FR at 76433–34; Internet 

Communication Disclaimers and Definition of 

‘‘Public Communication’’, 83 FR at 12865, 12868. 

135The Commission received only one comment 

addressing the proposal to revise the definition of 

‘‘public communication’’ in response to the NPRM 

for the Technological Modernization rulemaking. 

That comment is discussed further below. 

136 Internet Communication Disclaimers and 

Definition of ‘‘Public Communication,’’ 87 FR 

77467, 77471 (Dec. 19, 2022). 

137 Id. at 77473. 

138SNPRM, 87 FR 75518 (Dec. 9, 2022). 

139See Internet Communications, 71 FR 18589 

(Apr. 12, 2006). 

140Shays v. FEC, 337 F. Supp. 2d 28, 67 (D.D.C. 

2004), aff’d, 414 F.3d 76 (D.C. Cir. 2005), reh’g en 

banc denied (Oct. 21, 2005). 

21 of the vertical blanking interval.’’ 129

Commission regulations implement this 

requirement essentially verbatim at 11 

CFR 9003.1(b)(10) and 9033.1(b)(12). 

The Commission asked whether there is 

a ‘‘successor technology’’ that should 

now be recognized in these provisions, 

such as technologies that might not 

apply to traditional broadcast television 

but are used for cable, satellite, or 

internet-based television (e.g., Hulu or 

Netflix). The Commission received no 

comments in this area and has decided 

not to revise these rules at this time. 

3. Websites 

The Commission is revising certain 

regulatory references to ‘‘websites’’ to 

accommodate newer technologies—such 

as mobile applications (‘‘apps’’) on 

smartphones and tablets, smart TV, 

interactive gaming dashboards, e-book 

readers, and wearable network-enabled 

devices such as smartwatches or 

headsets—that have taken many of the 

same roles and characteristics that the 

Commission previously ascribed to 

websites. 

First, when the Commission initiated 

this rulemaking, the definition of 

‘‘public communication’’ in 11 CFR 

100.26 referred to communications 

placed for a fee on another person’s 

‘‘website.’’ 130 When the Commission 

defined ‘‘public communication’’ in 

2006 to include paid internet 

advertisements on websites, it 

analogized such advertisements to the 

other forms of mass communication 

enumerated in FECA’s definition of 

‘‘public communication’’—such as 

television, radio, and newspapers— 

because ‘‘each lends itself to 

distribution of content through an entity 

ordinarily owned or controlled by 

another person.’’ 131 The Commission 

focused on websites because that was 

the predominant means of paid internet 

advertising in 2006.132

In both the NPRM for this rulemaking 

and in an NPRM published in 2018 

addressing internet communications 

disclaimers and the definition of 

‘‘public communication’’ (‘‘internet 

Communications Disclaimers NPRM’’), 

the Commission proposed updating the 

definition to include a reference to an 

‘‘internet-enabled device or 

application.’’ 133 In each case, the 

Commission asked whether such terms 

were ‘‘sufficiently clear and technically 

accurate’’ to describe ‘‘the various 

media through which paid internet 

communications can be sent and 

received.’’ 134 In response to the internet 

Communications Disclaimers NPRM, 

the Commission received numerous 

comments addressing the proposed 

revision to the definition of ‘‘public 

communication.’’ 135 Most who 

commented on the issue supported the 

proposed revision. 

The Commission amended the 

definition of ‘‘public communication’’ 

in the Internet Communications 

Disclaimers rulemaking to include 

‘‘communications placed for a fee on 

another person’s website, digital device, 

application, or advertising platform.’’ 136

In that rulemaking, the Commission also 

adopted a new defined term, ‘‘internet 

public communication,’’ which is 

defined similarly as ‘‘any public 

communication over the internet that is 

placed for a fee on another person’s 

website, digital device, application, or 

advertising platform.’’ 137

The Commission asked in the 

Supplemental Notice of Proposed 

Rulemaking published in this 

rulemaking (‘‘SNPRM’’) whether the 

definitions of ‘‘public communication’’ 

and ‘‘internet public communication’’ 

should also include communications 

that are ‘‘promoted for a fee’’ on another 

person’s website, digital device, 

application, or advertising platform, and 

whether such communications that are 

‘‘promoted for a fee’’ should be subject 

to the Commission’s disclaimer 

requirements.138

The Commission received six 

substantive comments in response to the 

SNPRM. Three commenters supported 

the proposal and three opposed it. 

Those commenters that supported the 

proposal generally did so on the 

grounds that it better reflects the current 

advertising landscape and would 

increase the transparency of sponsored 

content, so that voters can more readily 

discern paid communications and 

determine the source of such messages. 

The commenters that opposed the 

proposal expressed concerns about 

chilling ordinary citizens’ speech, and 

that the proposed language could be 

read to extend to political committees’ 

internal staff and technology costs. One 

such commenter suggested modifying 

the proposed definition to cover 

communications ‘‘promoted for a fee 

paid to another person’s website, digital 

device, application, or advertising 

platform.’’ 

Based on the comments received, the 

Commission is amending the definition 

of ‘‘public communication’’ at 11 CFR 

100.26 and the definition of ‘‘internet 

public communication’’ at 11 CFR 

110.11(c)(5)(i) to include 

communications over the internet that 

are ‘‘placed or promoted for a fee on 

another person’s website, digital device, 

application, or advertising platform. A 

public communication is promoted for a 

fee where a payment is made to a 

website, digital device, application, or 

advertising platform in order to increase 

the circulation, prominence, or 

availability of the communication on 

that website, digital device, application, 

or advertising platform.’’ 

The updated definitions of ‘‘public 

communication’’ and ‘‘internet public 

communication’’ better reflect the wide 

and rapidly expanding array of paid 

internet advertising options. These 

amendments will increase transparency 

by helping to ensure that political 

committees and others properly disclose 

their paid internet communications.139

In 2006, the court in Shays v. Federal 

Election Commission concluded that 

‘‘[w]hile all internet communications do 

not fall within [the scope of ‘any other 

form of general public political 

advertising’], some clearly do,’’ 140 and 

directed the Commission to determine 

what constitutes ‘‘general public 

political advertising’’ in the context of 

internet communications. In amending 

the definition of ‘‘public 

communication’’ in response to the 

Shays decision to include paid internet 

advertising, the Commission 

acknowledged that the internet is ‘‘a 

unique and evolving mode of mass 

communication and political 


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Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 211 

141 Internet Communications, 71 FR 18589 (Apr. 

12, 2006). 

142See id. at 18593 (recognizing ‘‘the important 

purpose of BCRA in preventing actual and apparent 

corruption and the circumvention of [FECA]’’). 

143 Internet Communications, 71 FR 18589, 

18594–95 (Apr. 12, 2006). 

144SNPRM, 87 FR at 75519. 

145 52 U.S.C. 30101(22); see also id. 30120(a); 11 

CFR 110.26. 

146SNPRM, 87 FR at 75519. 

147See Internet Communications, 71 FR at 18594– 

95. 

148Other than disclaimer requirements, the 

changes affect the following regulatory provisions: 

the restrictions on funding of Federal election 

activity by political party committees and State and 

local candidates (52 U.S.C. 30101(20)); the 

allocation of costs of certain communications by 

some political committees under 11 CFR 106.6(b); 

and the determination that certain communications 

must be treated as contributions if coordinated with 

a Federal candidate or political party committee 

under 11 CFR 109.21 and 109.37. 

149See 11 CFR 110.11(a)(1). 150 Disclaimers, Fraudulent Solicitation, Civil 

Penalties, and Personal Use of Campaign Funds, 67 

FR 76962, 76964 (Dec. 13, 2002). 

151 Id. 

152 11 CFR 100.24. 

speech.’’ 141 As the internet has 

continued to evolve since that time, so 

have the available forms of paid internet 

advertising, and the Commission is 

updating its regulations to keep pace. 

The amended definitions will also 

help to prevent the circumvention of 

disclaimer requirements on paid 

internet communications.142 Under the 

former regulations, arguably a political 

advertisement placed for free on a social 

media platform would not require a 

disclaimer even if the advertiser then 

pays the platform to promote the 

communication to a wider audience, 

while the same communication placed 

for a fee on the same social media 

platform to reach the same audience 

would require a disclaimer. The 

amended definitions of ‘‘public 

communication’’ and ‘‘internet public 

communication’’ will forestall such an 

argument by aligning the treatment of 

these two forms of paid political ads. 

Certain commenters opined that the 

definitions proposed in the SNPRM 

were too broad because they arguably 

expanded the definitions of ‘‘public 

communication’’ and ‘‘internet public 

communication’’ beyond paid 

advertising. The commenters were 

concerned that, as proposed, the 

definitions could be read to capture 

political communications placed or 

promoted for free on a third party’s 

platform if the speaker incurs staffing, 

technology, or design costs to create the 

communication. The revised 

definitions, however, apply only where 

the speaker pays a third party’s website, 

digital device, application or advertising 

platform to increase the 

communication’s visibility on that 

website, device, application, or 

platform. They do not apply to 

communications where the speaker’s 

only costs are to create the 

communication or to place or promote 

the communication ‘‘using a forum that 

he or she controls to establish his or her 

own audience.’’ 143

In the SNPRM, the Commission 

sought comments about whether any 

distinction should be made between 

several types of communications that 

are sometimes described as ‘‘promoted.’’ 

One type was a communication where 

‘‘a website, digital device, application, 

or advertising platform is paid directly 

to ‘boost’ or expand the scope of 

viewership of content containing 

express advocacy or soliciting a 

contribution in order to increase the 

circulation or prominence of that 

content.’’ 144 After reviewing the 

comments received, the Commission 

has decided that this type of 

communication is analogous to the 

traditional forms of paid advertising 

identified in FECA as a ‘‘public 

communication’’ 145 because the speaker 

pays the entity that owns or controls the 

medium of communication to distribute 

the communication on the speaker’s 

behalf. Accordingly, the updated 

definitions of ‘‘public communication’’ 

and ‘‘internet public communication’’ 

include this type of ‘‘promoted’’ 

communication. Thus, for example, if a 

political committee posts a video 

solicitation for free on a social media 

platform and pays the platform to boost 

the video’s viewership, the video is both 

a ‘‘public communication’’ and an 

‘‘internet public communication.’’ 

In contrast, the updated definitions of 

‘‘public communication’’ and ‘‘internet 

public communication’’ do not apply to 

the other types of communications 

described in the SNPRM, where an 

individual is paid to create or share 

political content.146 The definitions do 

not encompass instances where 

individuals make decisions about what 

content to share with their own 

audiences. For example, if a political 

committee posts a video soliciting 

contributions on a social media site for 

free and then pays an individual to post 

the video on that individual’s social 

media page to share with the 

individual’s followers, the video is 

neither a ‘‘public communication’’ nor 

an ‘‘internet public communication’’ 

under Commission regulations. The 

same result occurs if the political 

committee pays an individual to create 

and post a communication online for 

the individual’s audience. In both 

situations, the individual would be 

communicating with the individual’s 

own followers who have sought out 

such communications, which the 

Commission has determined are not 

‘‘public communications.’’ 147

Some commenters were concerned 

that the amended definitions of ‘‘public 

communication’’ and ‘‘internet public 

communication’’ could affect 

individuals’ political activity and 

speech on the internet more broadly. 

The Commission does not share this 

concern. Other than the disclaimer 

requirements discussed above, the 

amended definitions apply only to 

communications by entities that are 

already subject to Commission 

regulation or that coordinate with 

candidates or political parties already 

subject to regulation.148

Communications by individuals, even 

when political in nature, should not be 

affected by the revised definitions other 

than in the disclaimer context. 

Second, the Commission also 

proposed to revise the disclaimer 

provision in 11 CFR 110.11, which 

refers to political committees’ ‘‘internet 

websites’’ that are available to the 

general public.149 When the 

Commission revised the disclaimer 

requirements in 2002 to apply to 

political committees’ websites, it noted 

‘‘the widespread use of this technology 

in modern campaigning, and the 

relatively nonintrusive nature of 

disclaimer requirements.’’ 150

Disclaimers on political committee 

websites, the Commission stated, ‘‘will 

assure, for example, that a website 

created and paid for by an individual 

will not have to include a disclaimer’’ 

while the ‘‘use of . . . websites to 

conduct campaign activity will have to 

provide the public notice of who is 

responsible.’’ 151 As noted in the 

discussion of ‘‘public communication’’ 

above, the Commission used the term 

‘‘website’’ here because that was the 

predominant means of public 

‘‘campaign activity’’ on the internet at 

the time. To update the now-outdated 

terminology in this provision, the 

Commission is revising it to refer to 

political committees’ ‘‘websites and 

internet applications.’’ 

Third, the Commission is updating 

the definition of ‘‘federal election 

activity’’ to exclude de minimis costs 

incurred by a state, district, or local 

party committee for certain activities 

associated with apps.152 Previously, the 

definition of ‘‘federal election activity’’ 

excluded de minimis costs associated 

with posting certain general voting 

information on the ‘‘website’’ of a state, 

district, or local party committee or 

association of state or local 


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212 Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 

153 11 CFR 100.24(c)(7)(i)–(iii). 

154See Definition of Federal Election Activity, 75 

FR 55257, 55265 (Sept. 10, 2010). 

155 Id. 

candidates.153 When the Commission 

adopted these exclusions in 2010, it 

recognized the ‘‘administrative 

complexities’’ that state, district, and 

local party committees and associations 

of state and local candidates would face 

in tracking the ‘‘nominal, incidental’’ 

costs of the enumerated activities.154

The Commission also recognized that 

many of these activities did not involve 

any costs and, for those that did, the 

costs would be ‘‘so small that—even 

aggregated over a long period of time— 

they would not result in any meaningful 

evasion of BCRA’s soft money 

restrictions.’’ 155 The Commission now 

is updating 11 CFR 100.24(c)(7) by 

providing that the de minimis exception 

also applies to the same enumerated 

activities when conducted via internet 

apps of state, district, and local party 

committees and associations of state and 

local candidates. The Commission 

believes that the reasons for excluding 

this activity from the definition of 

federal election activity when 

conducted on a party committee’s 

website—i.e., its de minimis 

incremental cost and the administrative 

difficulty of determining such cost— 

apply equally to making the specified 

information available on a party 

committee’s app. 

Finally, the Commission is revising 

references to ‘‘World Wide Web site,’’ 

‘‘Web site’’ or ‘‘web site’’ to read 

‘‘website’’ in 11 CFR 4.4(g), 

100.29(b)(6)(i) and (ii), 100.73, 

100.94(b), 100.132, 104.22(b)(2)(i) and 

(ii), 110.1(c)(1)(iii), 110.2(e)(2), and 

110.17(e)(1) and (2); ‘‘internet website’’ 

to read ‘‘website’’ in 11 CFR 

104.22(a)(6)(ii)(A)(2); ‘‘World Wide Web 

address’’ to read ‘‘website address’’ in 

11 CFR 110.11(b)(3); and ‘‘Web address’’ 

and ‘‘Web page’’ to read ‘‘website 

address’’ and ‘‘web page’’ in 11 CFR 

300.2(m)(1)(iii). As with the other 

terminological updates discussed above, 

none of these proposed revisions affect 

a substantive change in the regulations. 

Certification of No Effect Pursuant to 5 

U.S.C. 605(b) (Regulatory Flexibility 

Act) 

The Commission certifies that the 

attached rules would not have a 

significant economic impact on a 

substantial number of small entities. 

The rules would clarify and update 

existing regulatory language, codify 

certain existing Commission precedent 

regarding electronic transactions and 

communications, and provide political 

committees and other entities with more 

flexibility in meeting FECA’s 

recordkeeping and filing requirements. 

The rules would not impose new 

recordkeeping, reporting, or financial 

obligations on political committees or 

commercial vendors. The Commission 

therefore certifies that the rules would 

not have a significant economic impact 

on a substantial number of small 

entities. 

List of Subjects 

11 CFR Part 1 

Privacy. 

11 CFR Part 4 

Freedom of information. 

11 CFR Part 5 

Archives and records. 

11 CFR Part 6 

Civil rights, Individuals with 

disabilities. 

11 CFR Part 100 

Elections. 

11 CFR Part 102 

Political committees and parties, 

Reporting and recordkeeping 

requirements. 

11 CFR Part 103 

Banks and banking, Campaign funds, 

Political committees and parties, 

Reporting and recordkeeping 

requirements. 

11 CFR Part 104 

Campaign funds, Political committees 

and parties, Reporting and 

recordkeeping requirements. 

11 CFR Part 106 

Campaign funds, Political committees 

and parties, Reporting and 

recordkeeping requirements. 

11 CFR Part 108 

Elections, Reporting and 

recordkeeping requirements. 

11 CFR Part 109 

Coordinated and independent 

expenditures. 

11 CFR Part 110 

Campaign funds, Political committees 

and parties. 

11 CFR Part 111 

Administrative practice and 

procedure, Elections, Law enforcement, 

Penalties. 

11 CFR Part 112 

Administrative practice and 

procedure, Elections. 

11 CFR Part 114 

Business and industry, Elections, 

Labor. 

11 CFR Part 116 

Administrative practice and 

procedure, Business and industry, 

Credit, Elections, Political candidates, 

Political committees and parties. 

11 CFR Part 200 

Administrative practice and 

procedure. 

11 CFR Part 201 

Administrative practice and 

procedure. 

11 CFR Part 300 

Campaign funds, Nonprofit 

organizations, Political committees and 

parties, Political candidates, Reporting 

and recordkeeping requirements. 

11 CFR Part 9003 

Campaign funds, Reporting and 

recordkeeping requirements. 

11 CFR Part 9004 

Campaign funds. 

11 CFR Part 9007 

Administrative practice and 

procedure, Campaign funds. 

11 CFR Part 9032 

Campaign funds. 

11 CFR Part 9033 

Campaign funds, Reporting and 

recordkeeping requirements. 

11 CFR Part 9034 

Campaign funds, Reporting and 

recordkeeping requirements. 

11 CFR Part 9035 

Campaign funds, Reporting and 

recordkeeping requirements. 

11 CFR Part 9036 

Administrative practice and 

procedure, Campaign funds, Reporting 

and recordkeeping requirements. 

11 CFR Part 9038 

Administrative practice and 

procedure, Campaign funds. 

11 CFR Part 9039 

Campaign funds, Reporting and 

recordkeeping requirements. 

For the reasons set out in the 

preamble, the Federal Election 

Commission amends 11 CFR chapter I 

as follows: 

PART 1—PRIVACY ACT 

■ 1. The authority citation for part 1 

continues to read as follows: 


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Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 213 

Authority: 5 U.S.C. 552a. 

§ 1.3 [Amended] 

■ 2. In § 1.3, amend paragraph (b) by 

removing the phrase ‘‘request assistance 

by mail or in person from the 

Commission’s Chief Privacy Officer 

during the hours of 9 a.m. to 5:30 p.m. 

at the street address identified in the 

definition of ‘‘Commission’’ in § 1.2’’ 

and adding in its place the phrase 

‘‘request assistance either in person 

from the Chief Privacy Officer during 

the hours of 9 a.m. to 5:30 p.m. or by 

filing a request for assistance, addressed 

to the Chief Privacy Officer, pursuant to 

11 CFR 100.19(g)’’. 

§ 1.4 [Amended] 

■ 3. In § 1.4, amend paragraph (a) 

removing the phrase ‘‘made at the 

Federal Election Commission at the 

street address identified in the 

definition of ‘‘Commission’’ in § 1.2, 

and to the system manager identified in 

the notice describing the systems of 

records, either in writing or in person’’ 

and adding in its place the phrase 

‘‘addressed to the system manager 

identified in the notice describing the 

systems of records, either in person or 

by filing the request pursuant to 11 CFR 

100.19(g)’’. 

PART 4—PUBLIC RECORDS AND THE 

FREEDOM OF INFORMATION ACT 

■ 4. The authority citation for part 4 

continues to read as follows: 

Authority: 5 U.S.C. 552, as amended. 

§ 4.1 [Amended] 

■ 5. In § 4.1 amend paragraph (j) as 

follows: 

■ a. Remove the word ‘‘microform,’’; 

and 

■ b. Remove the phrase ‘‘machine 

readable documentation (e.g., magnetic 

tape or disk)’’ and add in its place the 

phrase ‘‘digital storage device’’. 

§ 4.4 [Amended] 

■ 6. In § 4.4 amend paragraph (g) by 

removing ‘‘World Wide website’’ and 

adding in its place ‘‘website’’. 

§ 4.5 [Amended] 

■ 7. Amend § 4.5 as follows: 

■ a. In paragraph (a)(4)(i), remove the 

phrase ‘‘addressed to the Chief FOIA 

Officer, Federal Election Commission, at 

the street address identified in the 

definition of ‘‘Commission’’ in § 1.2, 

and shall indicate clearly on the 

envelope’’ and add in its place the 

phrase ‘‘addressed to the Chief FOIA 

Officer and filed pursuant to 11 CFR 

100.19(g), and shall indicate clearly on 

the envelope or subject line, or in a 

similarly prominent location,’’; and 

■ b. In paragraph (a)(4)(iv), remove the 

phrase ‘‘addressed to the Chief FOIA 

Officer, Federal Election Commission, at 

the street address identified in the 

definition of ‘‘Commission’’ in § 1.2’’ 

and add in its place the phrase 

‘‘addressed to the Chief FOIA Officer 

and filed pursuant to 11 CFR 100.19(g)’’. 

§ 4.7 [Amended] 

■ 8. In § 4.7 amend paragraph (b)(1) by 

removing the phrase ‘‘addressed to 

Chief FOIA Officer, Federal Election 

Commission, at the street address 

identified in the definition of 

‘‘Commission’’ in § 1.2’’ and adding in 

its place the phrase ‘‘addressed to the 

Chief FOIA Officer and filed pursuant to 

11 CFR 100.19(g)’’. 

§ 4.8 [Amended] 

■ 9. Amend § 4.8 as follows: 

■ a. In paragraph (b), remove the phrase 

‘‘envelope or other cover and at the top 

of the first page’’ and add in its place 

the phrase ‘‘envelope or subject line, or 

in a similarly prominent location,’’; and 

■ b. In paragraph (c), remove the phrase 

‘‘delivered or addressed to the Chief 

FOIA Officer, Federal Election 

Commission, at the street address 

identified in the definition of 

‘‘Commission’’ in § 1.2’’ and add in its 

place the phrase ‘‘addressed to the Chief 

FOIA Officer and filed pursuant to 11 

CFR 100.19(g)’’. 

■ 10. Amend § 4.9 by: 

■ a. Removing paragraph (a)(2); 

■ b. Redesignating paragraphs (a)(3) and 

(4) as paragraphs (a)(2) and (3), 

respectively; 

■ c. In newly redesignated paragraph 

(a)(2), removing the phrase ‘‘computer 

disks’’ and adding in its place the 

phrase ‘‘digital storage devices’’; and 

■ d. Revising paragraphs (c)(4) and (5). 

The revisions read as follows: 

§ 4.9 Fees. 

* * * * * 

(c) * * * 

(4) For a paper photocopy of a record, 

the fee will be $.07 per page, which has 

been calculated to include staff time. 

For other forms of duplication, 

including copies produced by computer, 

the Commission will charge the direct 

costs, including staff time and the actual 

cost of any digital storage device 

provided. The Commission will charge 

$7.50 for certification of a document. 

The Commission will not charge a fee 

for ordinary packaging and mailing of 

records requested. When a request for 

special mailing or delivery services is 

received the Commission will package 

the records requested. The requestor 

shall make all arrangements for pick-up 

and delivery of the requested materials. 

The requestor shall pay all costs 

associated with special mailing or 

delivery services directly to the courier 

or mail service. 

(5) The Commission will advise the 

requestor of the identity of any private 

contractor who will perform the 

duplication services. If fees are charged 

for such services, they shall be made 

payable to that private contractor and 

shall be forwarded to the Commission. 

* * * * * 

PART 5—ACCESS TO PUBLIC 

DISCLOSURE AND MEDIA RELATIONS 

DIVISION DOCUMENTS 

■ 11. The authority citation for part 5 

continues to read as follows: 

Authority: 52 U.S.C. 30108(d), 

30109(a)(4)(B)(ii), 30111(a); 31 U.S.C. 9701. 

§ 5.4 [Amended] 

■ 12. Amend § 5.4(a)(5) by removing 

‘‘Letter requests’’ and adding in its place 

‘‘Requests’’. 

§ 5.5 [Amended] 

■ 13. Amend § 5.5 as follows: 

■ a. In paragraph (a), remove the phrase 

‘‘mail. The Public Disclosure and Media 

Relations Division is open Monday 

through Friday between the hours of 9 

a.m. and 5 p.m. and is located at the 

Federal Election Commission at the 

street address identified in the 

definition of ‘‘Commission’’ in § 1.2’’ 

and add in its place the phrase ‘‘filing 

a request pursuant to 11 CFR 100.19(g)’’; 

and 

■ b. In paragraph (c), remove the phrase 

‘‘addressed to the Chief FOIA Officer, 

Federal Election Commission, at the 

street address identified in the 

definition of ‘‘Commission’’ in § 1.2’’ 

and add in its place the phrase 

‘‘addressed to the Chief FOIA Officer 

and filed pursuant to 11 CFR 100.19(g)’’. 

■ 14. Amend § 5.6 as follows: 

■ a. Revise paragraph (a); 

■ b. Remove paragraph (b); 

■ c. Redesignate paragraphs (c) and (d) 

as paragraphs (b) and (c), respectively; 

and 

■ d. Revise newly redesignated 

paragraph (b). 

The revisions read as follows: 

§ 5.6 Fees. 

(a) Fees may be charged for copies of 

records which are furnished to a 

requester under this part and for the 

staff time spent in locating and 

reproducing such records at the rate of 

$.05 per page for paper copies, 

including paper copies from microfilm; 

$4.50 per half hour of staff time after the 


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first half hour; and $7.50 for 

certification of a document. Such fees 

shall not exceed the Commission’s 

direct cost of processing requests for 

those records computed on the basis of 

the actual number of copies produced 

and the staff time expended in fulfilling 

the particular request. 

(b) In the event the anticipated fees 

for all pending requests from the same 

requester exceed $25.00, records will 

not be searched, nor copies furnished, 

until the requester pays, or makes 

acceptable arrangements to pay, the 

total amount due. If any fee is not 

precisely ascertainable, an estimate will 

be made by the Commission and the 

requester will be required to forward the 

fee so estimated. In the event any 

advance payment differs from the actual 

fee, an appropriate adjustment will be 

made at the time the copies are made 

available by the Commission. 

* * * * * 

PART 6—ENFORCEMENT OF 

NONDISCRIMINATION ON THE BASIS 

OF HANDICAP IN PROGRAMS OR 

ACTIVITIES CONDUCTED BY THE 

FEDERAL ELECTION COMMISSION 

■ 15. The authority citation for part 6 

continues to read as follows: 

Authority: 29 U.S.C. 794. 

§ 6.170 [Amended] 

■ 16. Amend § 6.170 as follows: 

■ a. In paragraph (d)(3), remove the 

phrase ‘‘filed under this part shall be 

addressed to the Rehabilitation Act 

Officer, Federal Election Commission, at 

the street address identified in the 

definition of ‘‘Commission’’ in § 1.2’’ 

and add in its place the phrase ‘‘under 

this part shall be addressed to the 

Rehabilitation Act Officer and filed 

pursuant to 11 CFR 100.19(g)’’; 

■ b. In paragraph (g), remove the phrase 

‘‘in a letter containing’’ and add in its 

place the phrase ‘‘in writing. This 

notification will contain’’; 

■ c. In paragraph (h), remove the word 

‘‘letter’’ and add in its place the word 

‘‘notification’’; and 

■ d. In paragraph (i), remove the phrase 

‘‘, Federal Election Commission, at the 

street address identified in the 

definition of ‘‘Commission’’ in § 1.2’’ 

and add in its place the phrase ‘‘and 

filed pursuant to 11 CFR 100.19(g)’’. 

PART 100—SCOPE AND DEFINITIONS 

(52 U.S.C. 30101) 

■ 17. The authority citation for part 100 

continues to read as follows: 

Authority: 52 U.S.C. 30101, 30102(g), 

30104, 30111(a)(8), and 30114(c). 

§ 100.3 [Amended] 

■ 18. Amend § 100.3(a)(3) by removing 

the phrase ‘‘by letter’’ and adding in its 

place ‘‘in writing’’. 

■ 19. In § 100.19, revise the introductory 

text and paragraph (a) and add 

paragraph (g) to read as follows: 

§ 100.19 File, filed, or filing (52 U.S.C. 

30104(a)). 

With respect to documents required to 

be filed with the Commission under 11 

CFR parts 101, 102, 104, 105, 107, 108, 

and 109, and any modifications or 

amendments thereto, the terms file, 

filed, and filing mean one of the actions 

set forth in paragraphs (a) through (f) of 

this section. With respect to documents 

to be filed with the Commission under 

any other provision of 11 CFR, the terms 

file, filed, and filing mean one of the 

actions set forth in paragraph (g) of this 

section. For purposes of this section, 

document means any report, statement, 

notice, designation, request, petition, or 

other writing to be filed with the 

Commission. 

(a) Where to deliver reports. Except 

for documents electronically filed under 

paragraph (c) of this section, a 

document is timely filed upon delivery 

to the Federal Election Commission as 

required by 11 CFR part 105, by the 

close of business on the prescribed 

filing date. 

* * * * * 

(g) A document may be filed in person 

or by mail, including priority mail or 

express mail, or overnight delivery 

service, with the Federal Election 

Commission, or by any alternative 

means, including electronic, that the 

Commission may prescribe. 

§ 100.24 [Amended] 

■ 20. Amend § 100.24 as follows: 

■ a. In paragraph (c)(7)(i), by removing 

the terms ‘‘Web site’’ and ‘‘web page’’ 

and adding in their places the phrase 

‘‘website or internet application’’ 

wherever they appear; and 

■ b. In paragraphs (c)(7)(ii) and (iii), by 

removing the term ‘‘Web site’’ and 

adding in its place the phrase ‘‘website 

or internet application’’ wherever it 

appears. 

■ 21. Amend § 100.26 by revising the 

second sentence and adding a third 

sentence to read as follows: 

§ 100.26 Public communications (52 U.S.C. 

30101(22)). 

* * * The term general public 

political advertising shall not include 

communications over the internet, 

except for communications placed or 

promoted for a fee on another person’s 

website, digital device, application, or 

advertising platform. A public 

communication is promoted for a fee 

where a payment is made to a website, 

digital device, application, or 

advertising platform in order to increase 

the circulation, prominence, or 

availability of the communication on 

that website, digital device, application, 

or advertising platform. 

§ 100.29 [Amended] 

■ 22. Amend § 100.29 as follows: 

■ a. In paragraphs (b)(6)(i) and (ii), 

remove the term ‘‘Web site’’ and add in 

its place the term ‘‘website’’ wherever it 

appears; and 

■ b. In paragraph (b)(6)(ii)(A), remove 

the phrase ‘‘written documentation’’ 

and add in its place the phrase ‘‘a 

writing’’. 

■ 23. Add § 100.34 to subpart A to read 

as follows: 

§ 100.34 Record. 

(a) A record is information that is 

inscribed on a tangible medium or that 

is stored in an electronic or other 

medium from which the information 

can be retrieved and reviewed in visual 

or aural form. 

(b) Any person who provides to the 

Commission a record stored in an 

electronic or other non-tangible medium 

shall, upon request of the Commission, 

provide at no cost to the Commission 

any equipment and software necessary 

to enable the Commission to retrieve 

and review the information in the 

record. The Commission may request 

such equipment and software when the 

Commission cannot retrieve and review 

the information using the Commission’s 

existing equipment and software. 

■ 24. Add § 100.35 to subpart A to read 

as follows: 

§ 100.35 Writing, written. 

Written, in writing, or a writing means 

consisting of letters, words, numbers, or 

their equivalent set down in any 

medium or form, including paper, email 

or other electronic message, computer 

file, or digital storage device. 

■ 25. Add § 100.36 to subpart A to read 

as follows: 

§ 100.36 Signature, electronic signature. 

(a) A signature is an individual’s 

name or mark on a writing or record that 

identifies the individual and 

authenticates the writing or record. A 

signature includes an electronic 

signature, unless otherwise specified. 

(b) An electronic signature is an 

electronic word, image, symbol, or 

process that an individual attaches to or 

associates with a writing or record to 

identify the individual and authenticate 

the writing or record. Examples of 


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electronic signatures include a digital 

image of a handwritten signature, or a 

secure, digital code attached to an 

electronically transmitted message that 

uniquely identifies and authenticates 

the sender. 

(c) A writing or record may be sworn, 

made under oath, or otherwise certified 

or verified under penalty of perjury, by 

electronic signature. A writing or record 

may be notarized electronically 

pursuant to applicable State law. 

§ 100.73 [Amended] 

■ 26. Amend the introductory text of 

§ 100.73 by removing the term ‘‘Web 

site’’ and adding in its place the term 

‘‘website’’. 

§ 100.82 [Amended] 

■ 27. Amend § 100.82(e)(1)(i) and 

(e)(2)(ii) by removing the word 

‘‘documentation’’ and adding in its 

place the word ‘‘records’’ wherever it 

appears. 

§ 100.93 [Amended] 

■ 28. Amend the introductory text of 

§ 100.93(j)(1), (2), and (3) by removing 

the word ‘‘documentation’’ and adding 

in its place the term ‘‘a record’’ 

wherever it appears. 

§ 100.94 [Amended] 

■ 29. Amend § 100.94(b) by removing 

the term ‘‘Web site’’ and adding in its 

place the term ‘‘website’’ wherever it 

appears. 

§ 100.132 [Amended] 

■ 30. Amend the introductory text of 

§ 100.132 by removing ‘‘Web site’’ and 

adding in its place ‘‘website’’. 

§ 100.142 [Amended] 

■ 31. Amend § 100.142(e)(1)(i) and 

(e)(2)(ii) by removing the word 

‘‘documentation’’ and adding in its 

place the word ‘‘records’’ wherever it 

appears. 

PART 102—REGISTRATION, 

ORGANIZATION, AND 

RECORDKEEPING BY POLITICAL 

COMMITTEES (52 U.S.C. 30103) 

■ 32. The authority citation for part 102 

continues to read as follows: 

Authority: 52 U.S.C. 30102, 30103, 

30104(a)(11), 30111(a)(8), and 30120. 

■ 33. Amend § 102.6 as follows: 

■ a. In the introductory text of 

paragraph (c)(2), remove the phrase 

‘‘fund in a bill’’ and add in its place the 

phrase ‘‘fund with a bill’’; and 

■ b. Revise paragraph (c)(3). 

The revision reads as follows: 

§ 102.6 Transfers of funds; collecting 

agents. 

* * * * * 

(c) * * * 

(3) Combining contributions with 

other payments. A contributor may 

write a check or authorize a credit card 

or electronic payment that represents 

both a contribution and payment of 

dues or other fees. The combined 

payment must be made from the 

contributor’s personal account or on a 

non-repayable corporate drawing 

account of the individual contributor. 

Under a payroll deduction plan, an 

employer may make a payment on 

behalf of its employees to a union or its 

agent that represents a combined 

payment of voluntary contributions to 

the union’s separate segregated fund 

and union dues or other employee 

deductions. 

* * * * * 

■ 34. In § 102.8, revise the last sentence 

of paragraph (a) and the last sentence of 

paragraph (b)(2), and add paragraph (d) 

to read as follows: 

§ 102.8 Receipt of contributions (52 U.S.C. 

30102(b)). 

(a) * * * Date of receipt shall be the 

date such person obtains possession of 

the contribution or, for a contribution 

made in an electronic transaction in 

which the receipt of authorization 

precedes the receipt of funds, obtains 

the contributor’s authorization of the 

transaction. 

(b) * * * 

(2) * * * Date of receipt shall be the 

date such person obtains possession of 

the contribution or, for a contribution 

made in an electronic transaction in 

which the receipt of authorization 

precedes the receipt of funds, obtains 

the contributor’s authorization of the 

transaction. 

* * * * * 

(d) Every person whose usual and 

normal business involves the processing 

and transmission of payments and who 

processes a contribution to a political 

committee in the ordinary course of its 

business will satisfy the requirements of 

paragraphs (a) and (b) of this section if 

such person transmits funds and 

contributor information to the recipient 

political committee within the time 

periods prescribed in paragraphs (a) and 

(b) of this section for forwarding 

contributions. 

■ 35. Amend § 102.9 by: 

■ a. Revising paragraph (a)(4); 

■ b. In paragraph (b)(2) introductory 

text, paragraphs (b)(2)(i)(B) and 

(b)(2)(ii), removing the phrase 

‘‘cancelled check’’ and adding in its 

place the phrase ‘‘canceled check or 

record of electronic transfer’’; 

■ c. In paragraph (b)(2)(i)(B), removing 

the word ‘‘documentation’’ and adding 

in its place the word ‘‘record’’; 

■ d. In paragraph (b)(2)(ii), removing the 

word ‘‘documentation’’ and adding in 

its place the words ‘‘a record’’; 

■ f. Removing paragraph (b)(2)(iii); and 

■ g. Revising paragraph (f). 

The revisions read as follows: 

§ 102.9 Accounting for contributions and 

expenditures (52 U.S.C. 30102(c)). 

* * * * * 

(a) * * * 

(4) In addition to the account to be 

kept under paragraph (a)(1) of this 

section, for contributions in excess of 

$50, the treasurer of a political 

committee or an agent authorized by the 

treasurer shall maintain a record of each 

contribution received. A record of a 

contribution by check or written 

instrument must contain an image of 

that instrument. A record of the receipt 

of a contribution must include sufficient 

information to associate that 

contribution with its deposit in the 

political committee’s campaign 

depository, such as, for example, a batch 

number. 

* * * * * 

(f) The treasurer shall maintain the 

records required by 11 CFR 110.1(l), 

concerning designations, redesignations, 

reattributions, and the dates of 

contributions. If the treasurer does not 

maintain these records, 11 CFR 

110.1(l)(5) shall apply. 

§ 102.10 [Amended] 

■ 36. Amend § 102.10 by removing the 

phrase ‘‘check or similar draft drawn 

on’’ and adding in its place the phrase 

‘‘check or similar draft, including 

electronic transfer, from’’. 

§ 102.11 [Amended] 

■ 37. Amend § 102.11 by removing 

‘‘journal’’ and add in its place ‘‘record’’ 

wherever it appears. 

PART 103—CAMPAIGN 

DEPOSITORIES (52 U.S.C. 30102(H)) 

■ 38. The authority citation for part 103 

continues to read as follows: 

Authority: 52 U.S.C. 30102(h), 30111(a)(8). 

■ 39. Revise § 103.3(a) to read as 

follows: 

§ 103.3 Deposit of receipts and 

disbursements (52 U.S.C. 30102(h)(1)). 

(a)(1) All receipts by a political 

committee shall be deposited in 

account(s) established pursuant to 11 

CFR 103.2, except that any contribution 

may be, within 10 days of the treasurer’s 

receipt, returned to the contributor 

without being deposited. The treasurer 


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of the committee shall be responsible for 

making such deposits. All deposits shall 

be made within 10 days of the 

treasurer’s receipt. Contributions 

deposited in a merchant account of a 

payment processor described in 11 CFR 

102.8(d) in the ordinary course of that 

payment processor’s business are not 

receipts by the committee, but are, 

instead, contributions to be forwarded 

by that payment processor under 11 

CFR 102.8. 

(2) A committee shall make all 

disbursements by check or similar draft, 

including electronic transfer, from an 

account at its designated campaign 

depository, except for expenditures of 

$100 or less made from a petty cash 

fund maintained pursuant to 11 CFR 

102.11. Funds may be transferred from 

the depository for investment purposes, 

but shall be returned to the depository 

before such funds are used to make 

expenditures. 

* * * * * 

PART 104—REPORTS BY POLITICAL 

COMMITTEES AND OTHER PERSONS 

(52 U.S.C. 30104) 

■ 40. The authority citation for part 104 

continues to read as follows: 

Authority: 52 U.S.C. 30101(1), 30101(8), 

30101(9), 30102(g) and (i), 30104, 30111(a)(8) 

and (b), 30114, 30116, 36 U.S.C. 510. 

§ 104.2 [Amended] 

■ 41. Amend § 104.2(b) by removing the 

phrase ‘‘or at the street address 

identified in the definition of 

‘‘Commission’’ in § 1.2’’. 

§ 104.3 [Amended] 

■ 42. Amend § 104.3(e)(5) by removing 

the phrase ‘‘at the street address 

identified in the definition of 

‘‘Commission’’ in § 1.2,’’. 

§ 104.4 [Amended] 

■ 43. Amend § 104.4(d)(2) by removing 

the phrase ‘‘typing the treasurer’s name’’ 

and adding in its place the phrase 

‘‘electronic signature’’. 

§ 104.6 [Amended] 

■ 44. Amend § 104.6(c)(1) by removing 

the phrase ‘‘, telephone or telegram’’ 

and adding in its place the phrase ‘‘or 

telephone’’. 

§ 104.10 [Amended] 

■ 45. Amend § 104.10(a)(4) and (b)(5) by 

removing the word ‘‘documents’’ and 

adding in its place the word ‘‘records’’. 

§ 104.14 [Amended] 

■ 46. Amend § 104.14 as follows: 

■ a. In paragraph (b)(4)(iv), remove the 

word ‘‘documentation’’ and add in its 

place the word ‘‘records’’; and 

■ b. In paragraph (b)(4)(v), remove the 

word ‘‘Documentation for’’ and add in 

its place the words ‘‘Records of’’. 

§ 104.17 [Amended] 

■ 47. Amend § 104.17(a)(4) and (b)(4) by 

removing the word ‘‘documents’’ and 

adding in its place the word ‘‘records’’ 

wherever it appears. 

§ 104.21 [Amended] 

■ 48. Amend § 104.21(c)(3) by removing 

the phrase ‘‘at the street address 

identified in the definition of 

‘‘Commission’’ in § 1.2’’. 

§ 104.22 [Amended] 

■ 49. Amend § 104.22 as follows: 

■ a. In paragraph (a)(6)(ii)(A)(2), remove 

the term ‘‘Internet Web site’’ and add in 

its place the term ‘‘website’’; 

■ b. In paragraphs (b)(2)(i) and (ii), 

remove the words ‘‘Web sites’’ and add 

in its place the word ‘‘websites’’ 

wherever it appears; and 

■ c. In paragraph (b)(2)(ii), remove the 

words ‘‘Web site’’ and add in its place 

the word ‘‘website’’ wherever it appears. 

PART 106—ALLOCATIONS OF 

CANDIDATE AND COMMITTEE 

ACTIVITIES 

■ 50. The authority citation for part 106 

continues to read as follows: 

Authority: 52 U.S.C. 30111(a)(8), 30116(b), 

30116(g). 

§ 106.2 [Amended] 

■ 51. Amend § 106.2 as follows: 

■ a. In paragraphs (a)(1), (b)(2)(ii), and 

(b)(2)(v), remove the word 

‘‘documentation’’ and add in its place 

the word ‘‘records’’; and 

■ b. In paragraph (b)(2)(iii)(D), remove 

the phrase ‘‘supplies, and telephone’’ 

and add in its place the phrase 

‘‘supplies, internet service, and 

telephone’’. 

PART 108—FILING COPIES OF 

REPORTS AND STATEMENTS WITH 

STATE OFFICERS (52 U.S.C. 30113) 

■ 52. The authority citation for part 108 

continues to read as follows: 

Authority: 52 U.S.C. 30102(g), 30104(a)(2), 

30111(a)(8), 30113, 30143. 

§ 108.6 [Amended] 

■ 53. In § 108.6(b), remove the phrase 

‘‘in facsimile copy by microfilm or 

otherwise’’ and add in its place ‘‘by 

copy’’. 

PART 109—COORDINATED AND 

INDEPENDENT EXPENDITURES (52 

U.S.C. 30101(17), 30116(A) AND (D), 

AND PUB. L. 107–155 SEC. 214(C)) 

■ 54. The authority citation for part 109 

continues to read as follows: 

Authority: 52 U.S.C. 30101(17), 30104(c), 

30111(a)(8), 30116, 30120; Sec. 214(c), Pub. 

L. 107–155, 116 Stat. 81. 

§ 109.10 [Amended] 

■ 55. In § 109.10(e)(2)(ii), remove the 

phrase ‘‘typing the treasurer’s name’’ 

and add in its place the phrase 

‘‘electronic signature’’. 

PART 110—CONTRIBUTION AND 

EXPENDITURE LIMITATIONS AND 

PROHIBITIONS 

■ 56. The authority citation for part 110 

continues to read as follows: 

Authority: 52 U.S.C. 30101(8), 30101(9), 

30102(c)(2) and (g), 30104(i)(3), 30111(a)(8), 

30116, 30118, 30120, 30121, 30122, 30123, 

30124, and 36 U.S.C. 510. 

■ 57. Amend § 110.1 by: 

■ a. In paragraph (b)(3)(i)(A), removing 

the phrase ‘‘using a committee check or 

draft’’ and adding in its place the phrase 

‘‘using a committee check or similar 

draft, including electronic transfer’’; 

■ b. In paragraph (b)(4)(i), removing the 

phrase ‘‘is made by check, money order, 

or other negotiable instrument which’’; 

■ c. In paragraph (b)(5)(ii)(B)(6), 

removing the phrase ‘‘including 

electronic mail’’; 

■ d. In paragraph (b)(5)(ii)(C)(7), 

removing the phrase ‘‘, including 

electronic mail’’; 

■ e. In paragraph (b)(6), adding a new 

fifth sentence after ‘‘11 CFR 

110.1(l)(4).’’; 

■ f. In paragraph (c)(1)(iii), removing the 

term ‘‘Web site’’ and add, in its place 

the term ‘‘website’’; 

■ g. In paragraph (k)(1), removing the 

phrase ‘‘include the signature of each 

contributor on the check, money order, 

or other negotiable instrument or in a 

separate writing’’ and adding in its 

place the phrase ‘‘be indicated by the 

signature of each contributor in 

writing’’; 

■ h. In paragraph (k)(3)(ii)(B)(3), 

removing ‘‘, including electronic mail’’; 

■ i. In paragraph (l)(1), removing the 

phrases ‘‘copy’’ and ‘‘full-size 

photocopy of the check or written 

instrument’’ and adding in their places 

the phrases ‘‘record’’ and ‘‘record that 

contains a complete image of that 

instrument’’, respectively; 

■ j. In paragraph (l)(4)(i), removing the 

word ‘‘copy’’ and adding in its place the 

word ‘‘record’’; 


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■ k. In paragraph (l)(4)(ii), removing the 

phrase ‘‘full-size photocopy of’’ and 

adding in its place the phrase ‘‘record 

that contains a complete image of’’; and 

■ l. In paragraph (l)(6), removing the 

word ‘‘documentation’’ and adding in 

its place the words ‘‘a record’’ wherever 

it appears, and removing the word 

‘‘copy’’ and add in its place the word 

‘‘record’’ wherever it appears. 

The addition reads as follows: 

§ 110.1 Contributions by persons other 

than multicandidate political committees 

(52 U.S.C. 30116(a)(1)). 

* * * * * 

(b) * * * 

(6) * * * A contribution made in an 

electronic transaction is considered to 

be made when the contributor 

authorizes the transaction. * * * 

* * * * * 

■ 58. Amend § 110.2 by: 

■ a. In paragraph (b)(4)(i), remove ‘‘is 

made by check, money order, or other 

negotiable instrument which’’; 

■ b. In paragraph (b)(6), add a fifth 

sentence after ‘‘11 CFR 110.1(l)(4).’’; and 

■ c. In paragraph (e)(2), remove ‘‘Web 

site’’ and add in its place ‘‘website’’. 

The addition reads as follows: 

§ 110.2 Contributions by multicandidate 

political committees (52 U.S.C. 30116(a)(2)). 

* * * * * 

(b) * * * 

(6) * * *A contribution made in an 

electronic transaction is considered to 

be made when the contributor 

authorizes the transaction. * * * 

* * * * * 

■ 59. Amend § 110.6 by: 

■ a. Revising paragraph (b)(1); 

■ b. In paragraph (c)(1)(ii), removing the 

phrase ‘‘by letter’’ and adding in its 

place the phrase ‘‘the report shall be 

provided in writing’’; 

■ c. In paragraph (c)(1)(iv)(C), removing 

the phrase ‘‘cash or by the contributor’s 

check or by the conduit’s check’’ and 

adding in its place the phrase ‘‘cash, by 

the contributor’s check, by the conduit’s 

check, or by electronic transfer’’; and 

■ d. In paragraph (c)(1)(v), removing the 

phrase ‘‘by letter’’ and adding in its 

place the phrase ‘‘in writing’’. 

The revision reads as follows: 

§ 110.6 Earmarked contributions (52 U.S.C. 

30116(a)(8)). 

* * * * * 

(b) * * * 

(1) For purposes of this section, 

earmarked means a designation, 

instruction, or encumbrance, whether 

direct or indirect, express or implied, 

oral or written, which results in all or 

any part of a contribution or 

expenditure being made to, or expended 

on behalf of, a clearly identified 

candidate or a candidate’s authorized 

committee. A contributor’s 

authorization that a commercial 

payment processor, whose usual and 

normal business is to process payments, 

transmit funds from the contributor to 

the designated candidate or authorized 

committee in the commercial payment 

processor’s ordinary course of business 

does not in itself constitute an earmark. 

* * * * * 

■ 60. Amend § 110.11 by: 

■ a. In paragraph (a)(1), removing the 

phrase ‘‘Internet websites’’ and adding 

in its place the phrase ‘‘websites and 

internet applications’’; 

■ b. In paragraph (b)(3), removing the 

phrase ‘‘World Wide Web address’’ and 

adding in its place the phrase ‘‘website 

address’’; and 

■ c. Revising paragraph (c)(5)(i). 

The revision reads as follows: 

§ 110.11 Communications; advertising; 

disclaimers (52 U.S.C. 30120). 

* * * * * 

(c) * * * 

(5) * * * 

(i) For purposes of this section, 

internet public communication means 

any public communication over the 

internet that is placed or promoted for 

a fee on another person’s website, 

digital device, application, or 

advertising platform. A public 

communication is promoted for a fee 

where a payment is made to a website, 

digital device, application, or 

advertising platform in order to increase 

the circulation, prominence, or 

availability of the communication on 

that website, digital device, application, 

or advertising platform. 

* * * * * 

§ 110.17 [Amended] 

■ 61. Amend § 110.17(e)(1) and (2) by 

removing the words ‘‘Web site’’ and 

adding in their place the word 

‘‘website’’ wherever it appears. 

PART 111—COMPLIANCE 

PROCEDURE (52 U.S.C. 30109, 

30107(A)) 

■ 62. The authority citation for part 111 

continues to read as follows: 

Authority: 52 U.S.C. 30102(i), 30109, 

30107(a), 30111(a)(8); 28 U.S.C. 2461 note; 31 

U.S.C. 3701, 3711, 3716–3719, and 3720A, as 

amended; 31 CFR parts 285 and 900–904. 

§ 111.4 [Amended] 

■ 63. Amend § 111.4 as follows: 

■ a. In paragraph (a), remove the phrase 

‘‘to the General Counsel of the Federal 

Election Commission at the street 

address identified in the definition of 

‘‘Commission’’ in § 1.2’’ and add in its 

place the phrase ‘‘addressed to the 

General Counsel’’; and remove the 

phrase ‘‘three (3) copies’’ and add in its 

place ‘‘three (3) copies of any complaint 

not filed electronically’’; and 

■ b. In paragraph (d)(4), remove the 

phrase ‘‘documentation supporting the 

facts alleged if such documentation is’’ 

and add in its place the phrase ‘‘records 

supporting the facts alleged if such 

records are’’. 

§ 111.5 [Amended] 

■ 64. Amend § 111.5 as follows: 

■ a. In paragraph (a), remove the word 

‘‘enclose’’ and add in its place the word 

‘‘provide’’; and 

■ b. In paragraph (b), remove the word 

‘‘enclosed’’ and add in its place the 

word ‘‘provided’’. 

§ 111.6 [Amended] 

■ 65. Amend § 111.6(a) by removing the 

phrase ‘‘a letter or memorandum’’ and 

adding in its place the phrase ‘‘a written 

response’’. 

§ 111.9 [Amended] 

■ 66. Amend § 111.9(a) and (b) by 

removing the phrase ‘‘by letter’’ and 

adding in its place the phrase ‘‘in 

writing’’ wherever it appears. 

§ 111.12 [Amended] 

■ 67. Amend § 111.12 as follows: 

■ a. In paragraph (a), remove the phrase 

‘‘documentary or other tangible’’ and 

add in its place the phrase ‘‘records or 

other’’; and 

■ b. In paragraph (b), remove the word 

‘‘documents’’ and add in its place the 

word ‘‘records’’. 

§ 111.13 [Amended] 

■ 68. Amend § 111.13(c) and (d) by 

removing the phrase ‘‘method whereby’’ 

and adding in its place the phrase 

‘‘method, including electronically, 

whereby’’ wherever it appears. 

§ 111.15 [Amended] 

■ 69. Amend § 111.15 as follows: 

■ a. In paragraph (a), remove the phrase 

‘‘of the Federal Election Commission at 

the street address identified in the 

definition of ‘‘Commission’’ in § 1.2. If 

possible, three (3) copies should be 

submitted’’; and 

■ b. In paragraph (c), remove the word 

‘‘documents’’ and add in its place the 

word ‘‘records’’. 

■ 70. Amend § 111.16 by: 

■ a. In paragraph (b), removing the word 

‘‘enclose’’ and adding in its place the 

word ‘‘provide’’; 

■ b. Revising paragraph (c). 

The revision reads as follows: 


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§ 111.16 The probable cause to believe 

recommendation; briefing procedures (52 

U.S.C. 30109 (a)(3)). 

* * * * * 

(c) Within fifteen (15) days from 

receipt of the General Counsel’s brief, 

respondent may file a brief with the 

Commission Secretary, setting forth 

respondent’s position on the factual and 

legal issues of the case. 

* * * * * 

§ 111.17 [Amended] 

■ 71. Amend § 111.17(a) and (b) by 

removing the phrase ‘‘by letter’’ and 

adding in its place the phrase ‘‘in 

writing’’ wherever it appears. 

§ 111.18 [Amended] 

■ 72. Amend § 111.18(d) by removing 

the phrase ‘‘by letter’’ and adding in its 

place the phrase ‘‘in writing’’. 

§ 111.23 [Amended] 

■ 73. Amend § 111.23 as follows: 

■ a. In the introductory text to 

paragraph (a), remove the phrase ‘‘so 

advise the Commission by sending a 

letter of representation signed by the 

respondent, which letter shall state the 

following’’ and add in its place the 

phrase ‘‘give the Commission a written 

notice of representation signed by the 

respondent, which shall include’’; 

■ b. In paragraph (a)(1), remove the 

word ‘‘address’’ and add in its place the 

words ‘‘address, email address’’; and 

■ c. In paragraph (b), remove the phrase 

‘‘a letter of representation’’ and add in 

its place the phrase ‘‘this notice’’. 

§ 111.35 [Amended] 

■ 74. Amend § 111.35(e) by removing 

‘‘documentation’’ and adding in its 

place ‘‘records’’. 

§ 111.36 [Amended] 

■ 75. Amend § 111.36 as follows: 

■ a. In paragraph (b), remove the word 

‘‘documentation’’ and add in its place 

the word ‘‘records’’ wherever it appears; 

■ b. In paragraphs (c) and (d), remove 

the word ‘‘documents’’ and add in its 

place the word ‘‘records’’ wherever it 

appears; and 

■ c. In paragraph (d), remove the word 

‘‘document(s)’’ and add in its place the 

word ‘‘records’’. 

■ d. In paragraph (e), remove the word 

‘‘documents’’ and add in its place the 

word ‘‘records’’. 

§ 111.37 [Amended] 

■ 76. Amend § 111.37(a) and (b) by 

removing the phrase ‘‘by letter’’ and 

adding in its place the phrase ‘‘in 

writing’’ wherever it appears. 

§ 111.40 [Amended] 

■ 77. Amend § 111.40(a) by removing 

the phrase ‘‘by letter’’ and adding in its 

place the phrase ‘‘in writing’’. 

PART 112—ADVISORY OPINIONS (52 

U.S.C. 30108) 

■ 78. The authority citation for part 112 

continues to read as follows: 

Authority: 52 U.S.C. 30108, 30111(a)(8). 

§ 112.1 [Amended] 

■ 79. Amend § 112.1(e) by removing the 

phrase ‘‘sent to the Federal Election 

Commission, Office of General Counsel, 

at the street address identified in the 

definition of ‘‘Commission’’ in § 1.2’’ 

and adding in its place the phrase 

‘‘addressed to the Office of General 

Counsel and filed with the 

Commission’’. 

§ 112.2 [Amended] 

■ 80. Amend § 112.2(b) by removing the 

phrase ‘‘and purchase at the Public 

Disclosure and Media Relations 

Division of the Commission’’ and 

adding in its place the phrase ‘‘at the 

Public Disclosure and Media Relations 

Division of the Commission and on the 

Commission’s website’’. 

§ 112.3 [Amended] 

■ 81. Amend § 112.3(d) by removing the 

phrase ‘‘sent to the Federal Election 

Commission, Office of General Counsel, 

at the street address identified in the 

definition of ‘‘Commission’’ in § 1.2’’ 

and adding in its place the phrase ‘‘filed 

with the Office of General Counsel’’. 

§ 112.4 [Amended] 

■ 82. Amend § 112.4(g) by removing the 

phrase ‘‘sent by mail, or personally 

delivered’’ and adding in its place the 

phrase ‘‘be provided’’. 

PART 114—CORPORATE AND LABOR 

ORGANIZATION ACTIVITY 

■ 83. The authority citation for part 114 

continues to read as follows: 

Authority: 52 U.S.C. 30101(8), 30101(9), 

30102, 30104, 30107(a)(8), 30111(a)(8), 

30118. 

§ 114.1 [Amended] 

■ 84. Amend § 114.1(g) by removing the 

phrase ‘‘mailings, oral requests’’ and 

adding in its place the phrase ‘‘mailings, 

emails, oral requests’’. 

§ 114.6 [Amended] 

■ 85. Amend § 114.6(d)(2)(iii) by 

removing the phrase ‘‘check drawn on 

that account’’ and adding in its place 

the phrase ‘‘check or similar draft, 

including electronic transfer’’. 

§ 114.8 [Amended] 

■ 86. Amend § 114.8 as follows: 

■ a. In paragraphs (d)(2) and (3), remove 

the word ‘‘copy’’ and add in its place 

the word ‘‘record’’; and 

■ b. In paragraph (d)(3), remove the 

word ‘‘mailing’’ and add in its place the 

word ‘‘solicitation’’. 

§ 114.9 [Amended] 

■ 87. Amend § 114.9(d) by removing the 

word ‘‘typewriters’’ and adding in its 

place the word ‘‘computers’’. 

PART 116—DEBTS OWED BY 

CANDIDATES AND POLITICAL 

COMMITTEES 

■ 88. The authority citation for part 116 

continues to read as follows: 

Authority: 52 U.S.C. 30103(d), 30104(b)(8), 

30111(a)(8), 30116, 30118, and 30141. 

§ 116.8 [Amended] 

■ 89. Amend § 116.8 as follows: 

■ a. In the introductory text of 

paragraph (b), remove the phrase ‘‘by 

letter’’ and add in its place the phrase 

‘‘in writing’’; and 

■ b. In the introductory text of 

paragraph (b), remove the phrase ‘‘The 

letter’’ and add in its place the phrase 

‘‘The notification’’ wherever it appears. 

§ 116.9 [Amended] 

■ 90. Amend § 116.9(a)(2) by removing 

the phrase ‘‘current address and 

telephone number, and has attempted to 

contact the creditor by registered or 

certified mail, and either in person or by 

telephone’’ and adding in its place the 

phrase ‘‘current address, telephone 

number, and email address, and has 

attempted to contact the creditor by 

registered or certified mail, and either in 

person, by telephone, or by email’’. 

PART 200—PETITIONS FOR 

RULEMAKING 

■ 91. The authority citation for part 200 

is amended to read as follows: 

Authority: 52 U.S.C. 30107(a)(8), 

30111(a)(8); 5 U.S.C. 553(e). 

§ 200.2 [Amended] 

■ 92. Amend § 200.2(b)(5) by removing 

the phrase ‘‘addressed and submitted to 

the Federal Election Commission, Office 

of General Counsel, at the street address 

identified in the definition of 

‘‘Commission’’ in § 1.2’’ and adding in 

its place the phrase ‘‘addressed to the 

Office of General Counsel and filed 

pursuant to 11 CFR 100.19(g)’’. 

§ 200.3 [Amended] 

■ 93. Amend § 200.3 as follows: 


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Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 219 

■ a. In paragraph (a)(2), remove ‘‘Send a 

letter to the Commissioner of Internal 

Revenue, pursuant to 52 U.S.C. 30111(f), 

seeking the IRS’s’’ and add in its place 

the phrase ‘‘Pursuant to 52 U.S.C. 

30111(f), seek the Internal Revenue 

Service’s’’; and 

■ b. In paragraph (a)(3), remove the 

phrase ‘‘Send a letter to’’ and add in its 

place the word ‘‘Notify’’. 

§ 200.4 [Amended] 

■ 94. Amend § 200.4(b) by removing the 

phrase ‘‘sending a letter to’’ and adding 

in its place the word ‘‘notifying’’. 

§ 200.6 [Amended] 

■ 95. Amend § 200.6(a)(5) by removing 

the phrase ‘‘audio tapes’’ and adding in 

its place the phrase ‘‘audio recordings’’. 

PART 201—EX PARTE 

COMMUNICATIONS 

■ 96. The authority citation for part 201 

continues to read as follows: 

Authority 52 U.S.C. 30107(a)(8), 30108, 

30111(a)(8), and 30111(b); 26 U.S.C. 9007, 

9008, 9009(b), 9038, and 9039(b). 

§ 201.3 [Amended] 

■ 97. Amend § 201.3 as follows: 

■ a. In paragraph (b)(1), remove the 

phrase ‘‘the letter’’ and add in its place 

te phrase ‘‘the agreement’’ wherever it 

appears; and 

■ b. In paragraph (b)(2)(i), remove the 

word ‘‘letter’’ and add in its place the 

word ‘‘notification’’. 

PART 300—NON-FEDERAL FUNDS 

■ 98. The authority citation for part 300 

continues to read as follows: 

Authority: 52 U.S.C. 30104(e), 30111(a)(8), 

30116(a), 30125, and 30143. 

§ 300.2 [Amended] 

■ 99. Amend § 300.2 in paragraph 

(m)(1)(iii), by removing the phrase ‘‘Web 

address’’ and adding in its place the 

phrase ‘‘website address’’; and removing 

the phrase ‘‘Web page’’ and adding in its 

place the phrase ‘‘web page’’. 

§ 300.64 [Amended] 

■ 100. Amend § 300.64 as follows: 

■ a. In paragraphs (c)(3)(ii) and (iii), 

remove the word ‘‘written’’ and add in 

its place the word ‘‘printed’’ wherever it 

appears; 

■ b. In paragraph (c)(3)(iii), remove the 

word ‘‘non-written’’ and add in its place 

the word ‘‘non-printed’’; and 

■ c. In paragraphs (c)(3)(v)(A) and (B), 

remove the word ‘‘written’’ wherever it 

appears. 

PART 9003—ELIGIBILITY FOR 

PAYMENTS 

■ 101. The authority citation for part 

9003 continues to read as follows: 

Authority: 26 U.S.C. 9003 and 9009(b). 

§ 9003.1 [Amended] 

■ 102. Amend § 9003.1 as follows: 

■ a. In paragraph (a)(1), remove the 

word ‘‘letter’’ and add in its place the 

word ‘‘writing’’; 

■ b. In paragraph (a)(2), remove the 

word ‘‘letter’’ and add in its place the 

word ‘‘agreement’’ wherever it appears; 

■ c. In paragraphs (b)(2) and (3), remove 

the word ‘‘documentation’’ and add in 

its place the word ‘‘record’’ wherever it 

appears; 

■ d. In paragraph (b)(4), remove the 

phrase ‘‘computerized magnetic media, 

such as magnetic tapes or magnetic 

diskettes’’ and add in its place the 

phrase ‘‘digital storage devices’’; 

■ e. In paragraphs (b)(4) and (5), remove 

the word ‘‘documentation’’ and add in 

its place the word ‘‘records’’ wherever it 

appears; and 

■ f. In paragraph (b)(7), remove the 

phrase ‘‘name and mailing address’’ and 

add in its place the phrase ‘‘name, email 

address, and mailing address’’. 

■ 103. Revise § 9003.2(d) to read as 

follows: 

§ 9003.2 Candidate certifications. 

* * * * * 

(d) Form. Major party candidates shall 

sign and submit the certifications 

required under 11 CFR 9003.2 within 14 

days after receiving the party’s 

nomination for election. Minor and new 

party candidates shall sign and submit 

such certification within 14 days after 

such candidates have qualified to 

appear on the general election ballot in 

10 or more States pursuant to 11 CFR 

9002.2(a)(2). The Commission, upon 

written request by a minor or new party 

candidate made at any time prior to the 

date of the general election, may extend 

the deadline for filing such certification, 

except that the deadline shall be a date 

prior to the day of the general election. 

§ 9003.3 [Amended] 

■ 104. Amend § 9003.3(a)(1)(vi)(A) by 

removing the phrase ‘‘is made by check, 

money order, or other negotiable 

instrument which’’. 

■ 105. Amend § 9003.5 by: 

■ a. Revising the section heading; 

■ b. Revising the paragraph heading of 

paragraph (b); 

■ c. In paragraphs (b)(1) and (b)(2)(ii), 

removing the phrase ‘‘canceled check 

negotiated by the payee’’ and adding in 

its place the phrase ‘‘canceled check 

negotiated by the payee or a record of 

electronic transfer to the payee’’ 

wherever it appears; 

■ d. In paragraphs (b)(1)(ii)(A) and (B), 

removing the word ‘‘documents’’ and 

adding in its place the word ‘‘records’’ 

wherever it appears; 

■ e. In paragraph (b)(1)(iii), removing 

the word ‘‘documentation’’ and adding 

in its place the word ‘‘record’’; 

■ f. In paragraphs (b)(1)(iv), (b)(4), and 

(c), removing the word 

‘‘documentation’’ and adding in its 

place the word ‘‘records’’ wherever it 

appears; and 

■ g. In paragraph (b)(1)(iv), removing 

the phrase ‘‘canceled check negotiated 

by the payee’’ and adding in its place 

the phrase ‘‘canceled check negotiated 

by the payee or the record of electronic 

transfer to the payee’’. 

The revisions read as follows: 

§ 9003.5 Records of disbursements. 

* * * * * 

(b) Records required. * * * 

* * * * * 

§ 9003.6 [Amended] 

■ 106. Amend § 9003.6 as follows: 

■ a. In paragraph (a), remove the phrase 

‘‘computerized magnetic media, such as 

magnetic tapes or magnetic diskettes’’ 

and add in its place the phrase ‘‘digital 

storage devices’’; 

■ b. Remove paragraph (b) and 

redesignate paragraph (c) as paragraph 

(b); and 

■ c. In newly redesignated paragraph 

(b), remove the word ‘‘documentation’’ 

and add in its place the word ‘‘records’’. 

PART 9004—ENTITLEMENT OF 

ELIGIBLE CANDIDATES TO 

PAYMENTS; USE OF PAYMENTS 

■ 107. The authority citation for part 

9004 continues to read as follows: 

Authority: 26 U.S.C. 9004 and 9009(b). 

§ 9004.6 [Amended] 

■ 108. Amend § 9004.6 as follows: 

■ a. In paragraph (a)(1), remove the 

phrase ‘‘telephone service, typewriters, 

and computers’’ and add in its place the 

phrase ‘‘telephone and internet service, 

and computers or other electronic 

devices’’; and 

■ b. In paragraph (b)(3), remove the 

phrase ‘‘telephone service’’ and add in 

its place the phrase ‘‘telephone and 

internet service’’. 

§ 9004.7 [Amended] 

■ 109. Amend § 9004.7(b)(5)(iv) and (v) 

by removing the word ‘‘documentation’’ 

and adding in its place the word 

‘‘records’’ wherever it appears. 


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§ 9004.9 [Amended] 

■ 110. Amend § 9004.9(d)(1)(i) and (e) 

by removing the word ‘‘documentation’’ 

and adding in its place the word 

‘‘records’’ wherever it appears. 

PART 9007—EXAMINATIONS AND 

AUDITS; REPAYMENTS 

■ 111. The authority citation for part 

9007 continues to read as follows: 

Authority: 26 U.S.C. 9007 and 9009(b). 

§ 9007.1 [Amended] 

■ 112. Amend § 9007.1 as follows: 

■ a. In paragraph (b)(1) introductory 

text, remove the phrase ‘‘the 

Commission may request additional or 

updated computerized information’’ and 

add in its place the phrase ‘‘the 

Commission may request additional or 

updated information’’; and 

■ b. In paragraphs (b)(1)(iv) and (c)(2), 

remove the word ‘‘documentation’’ and 

add in its place the word ‘‘records’’ 

wherever it appears. 

§ 9007.7 [Amended] 

■ 113. Amend § 9007.7 as follows: 

■ a. In paragraph (a), remove the word 

‘‘documents’’ and add in its place the 

words ‘‘documents, records,’’ wherever 

it appears; and 

■ b. In paragraph (b)(2), remove the 

word ‘‘tapes’’ and add in its place the 

word ‘‘recordings’’ wherever it appears. 

PART 9032—DEFINITIONS 

■ 114. The authority citation for part 

9032 continues to read as follows: 

Authority: 26 U.S.C. 9032 and 9039(b). 

§ 9032.2 [Amended] 

■ 115. Amend § 9032.2(d) by removing 

the phrase ‘‘by letter’’ and adding in its 

place the phrase ‘‘in writing’’. 

PART 9033—ELIGIBILITY FOR 

PAYMENTS 

■ 116. The authority citation for part 

9033 continues to read as follows: 

Authority: 26 U.S.C. 9003(e), 9033 and 

9039(b). 

■ 117. Amend § 9033.1 by: 

■ a. Revising paragraph (a)(1); 

■ b. In paragraphs (b)(2) through (6), 

removing the word ‘‘documentation’’ 

and adding in its place the word 

‘‘records’’ wherever it appears; 

■ c. In paragraph (b)(5), removing the 

phrase ‘‘computerized magnetic media, 

such as magnetic tapes or magnetic 

diskettes’’ and adding in its place the 

phrase ‘‘digital storage devices’’; and 

■ d. Revising paragraph (b)(8). 

The revisions read as follows: 

§ 9033.1 Candidate and committee 

agreements. 

(a) * * * 

(1) A candidate seeking to become 

eligible to receive Presidential primary 

matching fund payments shall agree in 

a writing signed by the candidate to the 

Commission that the candidate and the 

candidate’s authorized committee(s) 

will comply with the conditions set 

forth in 11 CFR 9033.1(b). The 

candidate may submit the written 

agreement required by this section at 

any time after January 1 of the year 

immediately preceding the Presidential 

election year. 

* * * * * 

(b) * * * 

(8) The candidate and the candidate’s 

authorized committee(s) will submit the 

name, email address, and mailing 

address of the person who is entitled to 

receive matching fund payments on 

behalf of the candidate and the name 

and address of the campaign depository 

designated by the candidate as required 

by 11 CFR part 103 and 11 CFR 9037.3. 

Changes in the information required by 

this paragraph shall not be effective 

until submitted to the Commission in a 

writing signed by the candidate or the 

Committee treasurer. 

* * * * * 

§ 9033.2 [Amended] 

■ 118. Amend § 9033.2 as follows: 

■ a. In paragraph (a)(1), remove the 

phrase ‘‘letter containing the required 

certifications’’ and add in its place the 

word ‘‘certifications’’; and 

■ b. In paragraph (c), remove the word 

‘‘documentation’’ and add in its place 

the word ‘‘records’’. 

§ 9033.5 [Amended] 

■ 119. Amend paragraph (a)(2) of 

§ 9033.5 by removing ‘‘by letter’’ and 

adding in its place ‘‘in writing’’. 

■ 120. Amend § 9033.11 by: 

■ a. Revising the section heading; 

■ b. Revising the paragraph heading of 

paragraph (b); 

■ c. In the introductory text to 

paragraph (b)(1), adding the phrase ‘‘or 

a record of electronic transfer’’ after the 

words ‘‘canceled check negotiated by 

the payee’’; 

■ d. In paragraphs (b)(1)(ii)(A) and (B), 

removing the word ‘‘documents’’ and 

adding in its place the word ‘‘records’’ 

wherever it appears; 

■ e. In the introductory text to 

paragraph (b)(1)(iii) and paragraph 

(b)(1)(iv), removing the word 

‘‘documentation’’ and adding in its 

place the word ‘‘record’’ wherever it 

appears; 

■ f. In paragraph (b)(1)(iv), removing 

‘‘the payee’’ and adding in its place ‘‘the 

payee or the record of electronic 

transfer’’; 

■ g. In paragraph (b)(2)(ii), adding the 

phrase ‘‘or a record of electronic 

transfer’’ after the words ‘‘canceled 

check negotiated by the payee’’; and 

■ h. In paragraphs (b)(4) and (c), 

removing the word ‘‘documentation’’ 

and add in its place the word ‘‘records’’ 

wherever it appears. 

The revisions read as follows: 

§ 9033.11 Records of disbursements. 

* * * * * 

(b) Records required. * * * 

* * * * * 

§ 9033.12 [Amended] 

■ 121. Amend § 9033.12 as follows: 

■ a. In paragraph (a), remove the phrase 

‘‘computerized magnetic media, such as 

magnetic tapes or magnetic diskettes’’ 

and add in its place the phrase ‘‘digital 

storage devices’’; 

■ b. Remove paragraph (b) and 

redesignate paragraph (c) as paragraph 

(b); and 

■ c. In newly redesignated paragraph 

(b), remove the word ‘‘documentation’’ 

and add in its place the word ‘‘records’’. 

PART 9034—ENTITLEMENTS 

■ 122. The authority citation for part 

9034 continues to read as follows: 

Authority: 26 U.S.C. 9034 and 9039(b). 

■ 123. Amend § 9034.2 by: 

■ a. In paragraph (b), removing the 

words ‘‘and the card number’’ from the 

last sentence; 

■ b. In the introductory text to 

paragraph (c), removing the words ‘‘and 

card number’’ from the last sentence; 

■ c. In paragraph (c)(1)(i), removinge the 

words ‘‘written document’’ and adding 

in its place the word ‘‘writing’’; 

■ d. In paragraph (c)(1)(iii), removing 

the word ‘‘documentation’’ and adding 

in its place the word ‘‘records’’; and 

■ e. Adding paragraph (c)(8)(iii). 

The addition reads as follows: 

§ 9034.2 Matchable contributions. 

* * * * * 

(c) * * * 

(8) * * * 

(iii) To be attributed to more than one 

person, a signed written statement must 

accompany the credit or debit card 

contribution indicating that the 

contribution was made from each 

individual’s personal funds in the 

amount so attributed. 

§ 9034.5 [Amended] 

■ 124. Amend § 9034.5(c)(1) and (d) by 

removing the word ‘‘documentation’’ 

and adding in its place the word 

‘‘records’’ wherever it appears. 


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§ 9034.6 [Amended] 

■ 125. Amend § 9034.6 as follows: 

■ a. In paragraph (a)(1), remove the 

phrase ‘‘telephone service, typewriters, 

and computers’’ and add in its place the 

phrase ‘‘telephone and internet service, 

and computers or other electronic 

devices’’; and 

■ b. In paragraph (b)(3), remove the 

phrase ‘‘telephone service’’ and add in 

its place the phrase ‘‘telephone and 

internet service’’. 

§ 9034.7 [Amended] 

■ 126. Amend § 9034.7(b)(5)(iv) and (v) 

by removing the word ‘‘documentation’’ 

and adding in its place the word 

‘‘records’’ wherever it appears. 

§ 9034.8 [Amended] 

■ 127. Amend § 9034.8(b)(4) by 

removing the words ‘‘recordkeeping, 

reporting and documentation’’ and 

adding in their place the words 

‘‘recordkeeping and reporting’’. 

PART 9035—EXPENDITURE 

LIMITATIONS 

■ 128. The authority citation for part 

9035 continues to read as follows: 

Authority: 26 U.S.C. 9035 and 9039(b). 

§ 9035.1 [Amended] 

■ 129. Amend § 9035.1(c)(3) by 

removing the word ‘‘documentation’’ 

and adding in its place the word 

‘‘records’’. 

PART 9036—REVIEW OF MATCHING 

FUND SUBMISSIONS AND 

CERTIFICATION OF PAYMENTS BY 

COMMISSION 

■ 130. The authority citation for part 

9036 continues to read as follows: 

Authority: 26 U.S.C. 9036 and 9039(b). 

§ 9036.1 [Amended] 

■ 131. Amend § 9036.1 as follows: 

■ a. In paragraph (b)(2), remove the 

phrase ‘‘computerized magnetic media, 

such as magnetic tapes or magnetic 

diskettes’’ and add in its place the 

phrase ‘‘digital storage devices’’; 

■ b. In paragraphs (b)(3) and (4), remove 

the word ‘‘documentation’’ and add in 

its place the word ‘‘records’’ wherever it 

appears; 

■ c. In paragraph (b)(4), add the phrase 

‘‘, or, for deposits made electronically, 

information associating contributions to 

their deposit in the designated 

campaign depository, such as a batch 

number’’ after the words ‘‘bank 

statements’’; 

■ d. In paragraph (b)(5), remove the 

phrase ‘‘full-size photocopy of each 

unpaid check, and copies of’’ and add 

in its place the phrase ‘‘record that 

contains a complete image of each 

unpaid check and’’; 

■ e. In paragraph (b)(6), remove the 

words ‘‘full-size photocopy’’ and add in 

their place the words ‘‘record that 

contains a complete image’’; and 

■ f. In paragraph (b)(7), remove the word 

‘‘documentation’’ and add in its place 

the word ‘‘records’’ wherever it appears. 

§ 9036.2 [Amended] 

■ 132. Amend § 9036.2 as follows: 

■ a. In paragraph (b)(1)(ii), remove the 

phrase ‘‘either solely in magnetic media 

from or in both printed and magnetic 

media forms’’ and add in its place the 

phrase ‘‘in printed or digital form or a 

combination of printed and digital 

forms’’; 

■ b. In paragraph (b)(1)(iii), remove the 

words ‘‘checks returned unpaid’’ and 

add in their place the phrase ‘‘checks 

returned unpaid or credit or debit card 

or other electronic payment 

chargebacks’’; 

■ c. In paragraph (b)(1)(vi), remove the 

phrase ‘‘as specified in the 

Computerized Magnetic Media 

Requirements’’ from the second 

sentence; 

■ d. In paragraph (b)(1)(vi), remove the 

phrase ‘‘shall provide the computer 

equipment and software needed to 

retrieve and read the digital images, if 

necessary, at no cost to the Commission, 

and’’ from the fourth sentence; and 

■ e. In paragraphs (b)(1)(vi) and (vii), 

remove the words ‘‘documentation’’ and 

add in its place the word ‘‘records’’ 

wherever it appears. 

■ 133. Amend § 9036.3 by: 

■ a. Revising the section heading; and 

■ b. In the introductory text, paragraphs 

(b) introductory text, (b)(4), and (d) by 

removing the word ‘‘documentation’’ 

and adding in its place the word 

‘‘records’’ wherever it appears. 

The revision reads as follows: 

§ 9036.3 Submission errors and 

insufficient records. 

* * * * * 

§ 9036.4 [Amended] 

■ 134. Amend § 9036.4(b)(4) by 

removing the word ‘‘documentation’’ 

and adding in its place the word 

‘‘records’’. 

§ 9036.5 [Amended] 

■ 135. Amend § 9036.5(c)(1) by 

removing the word ‘‘documentation’’ 

and adding in its place the word 

‘‘records’’ wherever it appears. 

PART 9038—EXAMINATIONS AND 

AUDITS 

■ 136. The authority citation for part 

9038 continues to read as follows: 

Authority: 26 U.S.C. 9038 and 9039(b). 

§ 9038.1 [Amended] 

■ 137. Amend § 9038.1 as follows: 

■ a. In the introductory text to 

paragraph (b)(1), remove the phrase ‘‘the 

Commission may request additional or 

updated computerized information’’ and 

add in its place the phrase ‘‘the 

Commission may request additional or 

updated information’’; and 

■ b. In paragraphs (b)(1)(iv) and (c)(2), 

remove the word ‘‘documentation’’ and 

add in its place the word ‘‘records’’ 

wherever it appears. 

§ 9038.2 [Amended] 

■ 138. Amend § 9038.2(b)(3) by 

removing the word ‘‘documentation’’ 

from the paragraph heading and adding 

in its place the word ‘‘records’’. 

§ 9038.7 [Amended] 

■ 139. Amend § 9038.7 as follows: 

■ a. In paragraph (a), remove the word 

‘‘documents’’ and add in its place the 

words ‘‘documents, records,’’ wherever 

it appears; and 

■ b. In paragraph (b)(2), remove the 

word ‘‘tapes’’ and add in its place the 

word ‘‘recordings’’ wherever it appears. 

PART 9039—REVIEW AND 

INVESTIGATION AUTHORITY 

■ 140. The authority citation for part 

9039 continues to read as follows: 

Authority: 26 U.S.C. 9039. 

§ 9039.2 [Amended] 

■ 141. Amend § 9039.2 as follows: 

■ a. In paragraph (a)(3), remove the 

word ‘‘documents’’ and add in its place 

the words ‘‘documents or records’’; and 

■ b. In paragraph (b), remove the word 

‘‘documentation’’ and add in its place 

the word ‘‘records’’. 

§ 9039.3 [Amended] 

■ 142. Amend § 9039.3(b)(2)(vi) by 

removing the word ‘‘documents’’ and 

adding in its place the word ‘‘records’’. 

Dated: December 14, 2023. 

On behalf of the Commission, 

Dara Lindenbaum, 

Chair, Federal Election Commission. 

[FR Doc. 2023–27908 Filed 12–29–23; 8:45 am] 

BILLING CODE P 


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